Autonomia coniugale e patti in vista della crisi

This analysis examines the reasons that led Italian case law to consider invalid any agreement between spouses that had as its object the consequences of the end of the marital bond. After explaining the rationale for this severe approach, the paper demonstrates that the basis of the various reconstructions is consistently the opposition to public order. From this consideration, it seeks to identify a viable approach to admitting such agreements within the Italian legal system.