L’agonia di un mostro con due teste: la crisi della comunione dei beni in Italia

The decline in the number of marriages under the community property regime in Italy is now a strong data point since the percentages of marriages celebrated under the regime of separation of property are constantly increasing. This phenomenon is much more relevant in Italy than in other European States. It is therefore necessary to consider the deep reasons for this phenomenon. Certainly, one of the causes can be identified in the difficulties that interpreters have faced in applying the rules introduced by the 1975 family law reform. This paper aims to identify the remote historical origins of the rules introduced by the 1975 reform, which share common origins with the French model, although the Italian legislator has diverged on some essential aspects. Based on this historical reconstruction, some perspectives for a new reform are indicated.