TUTELA CAUTELARE ATIPICA E CRISI DELLA FAMIGLIA

ATYPICAL INJUNCTION AND FAMILY CRISES This thesis deals with the application of atypical injunction in cases of family crises, including both married couples and families not founded on marriage. After giving a synthetic framework of Italian atypical injunction, a focus is made on the large variety of typical provisions ruled by our civil system, as a result of the stratification of laws existing, regarding the family. Atypical injunction is then compared with the other measures regulating the rights of married couples, in order to establish whether the obtaining of an atypical injunction in such a field is permitted. To follow, a brief mention is made of the recent law (D.l. 132/2014, converted into Law 162/2014) regulating a new proceeding (“assisted negotiation”), which is now an alternative to separation and divorce proceedings and takes place solely with the assistance of lawyers, without court participation. The second part of this document is dedicated to unmarried couples; it examines some of the numerous questions of interpretation created by the latest rules (Law 219/2012 and Law 154/2013) regarding children born out of wedlock. The main body of the thesis analyzes the compatibility between an atypical injunction and the “temporary and urgent provisions” given during separation and divorce proceedings, leading to a discussion on the possibility of obtaining an urgent injunction after the settlement of a separation or divorce sentence. The thesis concludes with a brief examination of the very recent (and it is to be hoped much less fragmentary and incomplete than laws effective until now) project of reform, regarding the efficiency of our system of law.