Italy

Art 29 

The Republic recognises the rights of the family as a natural society founded on marriage. 

Marriage is based on the moral and legal equality of the spouses within the limits laid down by law to guarantee the unity of the family.  

Italy Constitution-English-PDF. 

Art. 531 – Incitement to prostitution and aiding and abetting. 

[Anyone who, in order to serve the lust of others, induces a person of minor age, or in a state of infirmity or psychic deficiency, into prostitution, or arouses corruption, is punished with imprisonment from one to five years and a fine from three thousand to ten thousand lire. If only it facilitates prostitution or corruption, the penalty is imprisonment from six months to three years and a fine from three thousand to ten thousand lire. 

The penalty is increased if the offense is committed to the detriment of a married minor, or of a minor person entrusted to the guilty party for reasons of service or work. 

The penalty is doubled: 

1) if the fact is committed to the detriment of a person who is under the age of fourteen; 

2) if the culprit is an ascendant, a kindred in a straight line ascending, the adoptive father or mother, the husband, the brother, the sister, the guardian; 

3) if the person has been entrusted to the offender for reasons of care, education, instruction, supervision or custody] (1). 

1. See now art. 3, L. February 20, 1958, n. 75, on the abolition of the regulation of prostitution, which replaced the provisions contained in articles 531 to 536 of the penal code.

Art. 532 – Incitement to prostitution of a descendant, wife, sister. 

[Anyone who, in order to serve the lust of others, induces the descendant, wife, sister, or similar in a straight line of descent, who are over the age, into prostitution, is punished with imprisonment from six months to four years with a fine of between three and ten thousand lire. 

If the offender has only facilitated prostitution, the penalty is reduced by half] (1). 

1. See now art. 3, L. February 20, 1958, n. 75, on the abolition of the regulation of prostitution, which replaced the provisions contained in articles 531 to 536 of the penal code.

Art. 533 – Compulsion to prostitution. 

[Anyone who, in order to serve the lust of others, with violence or threats, forces a person of minor age or an adult woman into prostitution is punished with imprisonment from two to six years and a fine of between five and fifteen thousand lire. 

The penalty is increased if the offense is committed to the detriment of a married woman, or of a minor person entrusted to the guilty party for reasons of service or work. 

The penalty is doubled in the cases provided for by nos. 1, 2 and 3 of art. 531](1). 

1. See now art. 3, L. February 20, 1958, n. 75, on the abolition of the regulation of prostitution, which replaced the provisions contained in articles 531 to 536 of the penal code.

Art. 558 – Induction into marriage through deception. 

Anyone who, in contracting a marriage having civil effects, by fraudulent means conceals from the other spouse the existence of an impediment other than that deriving from a previous marriage is punished, if the marriage is annulled. (1) due to the hidden impediment, with imprisonment for up to one year or with a fine from € 206 to € 1,032 (2). 

1. In the matter of concordat marriage, see art. 34 of the Concordat made executive with L. May 27, 1929, n. 810; the L. 27 May 1929, n. 847; as well as L. 25 March 1985, n. 121, ratifying and executing the agreement, with additional protocol, signed in Rome on February 18, 1984, which makes changes to the Lateran Concordat of February 11, 1929, between the Italian Republic and the Holy See.
2. The fine is thus increased, finally, pursuant to art. 113, L. 24 November 1981, n. 689, which modifies the penal system.

Art. 559 – Adultery. 

The adulterous wife is punished with imprisonment for up to one year (1). 

The adulteress is punished with the same penalty (2). 

The penalty is up to two years’ imprisonment in the case of an adulterous relationship (3). 

The crime is punishable upon complaint by the husband (4). 

1. The Constitutional Court, with sentence 16-19 December 1968, n. 126 (Gazz. Uff. 28 December 1968, n. 329), declared the constitutional illegitimacy of the first and second paragraphs of art. 559 cp
2. The Constitutional Court, with sentence 16-19 December 1968, n. 126 (Gazz. Uff. 28 December 1968, n. 329), declared the constitutional illegitimacy of the first and second paragraphs of art. 559 cp
3. The Constitutional Court, with sentence of 27 November-3 December 1969, n. 147 (Gazz. Uff. 10 December 1969, n. 311), declared the constitutional illegitimacy of art. 559, third paragraph; pursuant to art. 27, L. 11 March 1953, n. 87, of the following provisions of the same code: I) art. 559, fourth paragraph; II) art. 560, second and third paragraphs; III) art. 561; IV) art. 562, first paragraph, in the part relating to the loss of marital authority as a result of the sentence for the crime of concubinage; V) art. 562, second and third paragraphs; VI) art. 563. Previously the same Court, with sentence 23-28 November 1961, n. 64 (Gazz. Uff. 2 December 1961, n. 300), had declared the question of legitimacy of this article unfounded, with reference to art. 3 and 29 of the Constitution.
4. The Constitutional Court, with sentence of 27 November-3 December 1969, n. 147 (Gazz. Uff. 10 December 1969, n. 311), declared the constitutional illegitimacy of art. 559, third paragraph; pursuant to art. 27, L. 11 March 1953, n. 87, of the following provisions of the same code: I) art. 559, fourth paragraph; II) art. 560, second and third paragraphs; III) art. 561; IV) art. 562, first paragraph, in the part relating to the loss of marital authority due to the conviction for the crime of concubinage; V) art. 562, second and third paragraphs; VI) art. 563. Previously the same Court, with sentence 23-28 November 1961, n. 64 (Gazz. Uff. 2 December 1961, n. 300), had declared the question of legitimacy of this article unfounded, with reference to art. 3 and 29 of the Constitution.

Art. 560 – Concubinage. 

The husband, who keeps a concubine in the marital home, or notoriously elsewhere, is punished with imprisonment of up to two years. 

The concubine is punished with the same penalty. 

The crime is punishable upon complaint by the wife (1). 

1. The Constitutional Court, with sentence of 27 November-3 December 1969, n. 147 (Gazz. Uff. 10 December 1969, n. 311), declared the constitutional illegitimacy of art. 560, first paragraph, of the criminal code pursuant to art. 27, L. 11 March 1953, n. 87, of the following provisions of the same code: I) art. 559, fourth paragraph; II) art. 560, second and third paragraphs; III) art. 561, IV) art. 562, first paragraph, in the part relating to the loss of marital authority as a result of the sentence for the crime of concubinage; V) art. 562, second and third paragraphs; VI) art. 563.

Art. 570 – Violation of the obligations of family assistance.  

Anyone who, abandoning the home, or in any case maintaining a conduct contrary to the order or morals of families, evades the obligations of assistance inherent to parental responsibility, [legal protection] or the status of spouse, is punished with imprisonment until to one year or with a fine from € 103 to € 1,032.  

These penalties are applied jointly to those who: 

1. embezzles or squanders the assets of the minor child [cp 540] or of the pupil [cc 343, 414] or of the spouse;
2. makes the means of subsistence lacking for the descendants [cc 75] of minor age, or incapacitated for work, ascendants or spouse, who is not legally separated through his fault.

The crime is punishable upon complaint by the injured person except in the cases provided for by number 1 and, when the crime is committed against minors, by number 2 of the previous paragraph. 

The provisions of this article do not apply if the fact is foreseen as a more serious offense by another law provision. 

1. See art. 18, first paragraph, Royal Decree 31 May 1928, n. 1334, concerning the health professions.
2. Paragraph thus amended by art. 93, paragraph 1, letter o), Legislative Decree 28 December 2013, n. 154, starting from 7 February 2014 pursuant to the provisions of art. 108, paragraph 1 of the same Legislative Decree no. 154/2013. The text previously in force was the following: “Anyone who, abandoning the home, or in any case maintaining a conduct contrary to the order or morals of families, evades the obligations of assistance inherent in parental authority, [legal protection] or to the quality of spouse, is punished with imprisonment for up to one year or with a fine from € 103 to € 1,032. “ Moreover, the “parental authority” had been replaced with the “parental authority” in consideration of the modification introduced to art. 316 cc by art. 138, L. May 19, 1975, n. 151, on the reform of family law. Subsequently, art. 146, L. November 24, 1981, n. 689 had expressly provided that whenever in the penal code or in other laws the expression “patria potestà” occurs, it should be replaced by the expression “parental authority”. The reference to legal protection must no longer be considered effective, because the institute has been abolished (art. 260 of the civil code).
3. The fine is thus increased, finally, pursuant to art. 113, L. 24 November 1981, n. 689, which modifies the penal system. The Constitutional Court, with sentence 4-11 December 1964, n. 107 (Gazz. Uff. January 9, 1965, n. 7), declared unfounded the question of legitimacy of this paragraph, in relation to art. 13, first paragraph, 16, first paragraph and 29, second paragraph, of the Constitution. The same Court, with sentence 12-23 March 1970, n. 46 (Gazz. Uff. 25 March 1970, n. 76), declared the question of legitimacy of this paragraph unfounded, with reference to art. 29 of the Constitution. Subsequently, with sentence 12-20 January 1971, n. 6 (Gazz. Uff. January 27, 1971, n. 22), declared the question of legitimacy of this article unfounded, with reference to art. 3 of the Constitution
4. Paragraph added by art. 90, L. 24 November 1981, n. 689, which modifies the penal system.
5. The Constitutional Court, with sentence of February 24-March 3, 1972, n. 42 (Gazz. Uff. 8 March 1972, n. 65), declared, among other things, unfounded the questions of legitimacy of this article, in reference, the first, to art. 13, first paragraph, 16, first paragraph, 25, second paragraph and 29, second paragraph of the Constitution, and the second to arts. 2, 3 and 29 of the Constitution.

Art. 572 – Ill-treatment of family members and cohabitants 

Anyone who, apart from the cases indicated in the previous article, mistreats a family member or in any case cohabiting, or a person subject to his authority or entrusted to him for reasons of education, instruction, care, supervision or custody, or for the exercise of a profession or an art, is punished with imprisonment from two to six years. 

[The penalty is increased if the offense is committed to the detriment of a person under the age of fourteen].  

If the fact results in a serious personal injury, a prison term of between four and nine years is applied; a very serious injury ensues, imprisonment from seven to fifteen years; death, imprisonment from twelve to twenty-four years ensues. 

1. Article thus replaced by letter d) of paragraph 1 of art. 4, L. 1 October 2012, n. 172 The text previously in force, of which the Constitutional Court, with sentence 13-19 January 1972, n. 3 (Gazz. Uff. January 26, 1972, n. 23), had declared, among other things, unfounded the question of legitimacy in conjunction with art. 235 cpp, with reference to art. 13 of the Constitution, was the following: «Maltreatment in the family or towards children. Anyone who, apart from the cases indicated in the preceding article, mistreats a person in the family, or a minor under the age of fourteen, or a person under his authority, or entrusted to him for reasons of education, instruction, care, supervision or custody, or for the exercise of a profession or an art, is punished with imprisonment from one to five years. If the fact results in a serious personal injury, a prison term of between four and eight years is applied; a very serious injury ensues, imprisonment from seven to fifteen years; death, imprisonment from twelve to twenty years ensues. “
2. Paragraph repealed by art. 1, paragraph 1-bis, Legislative Decree 14 August 2013, n. 93, converted, with amendments, by Law 15 October 2013, n. 119. Art. 1, paragraph 1, of the aforementioned decree-law no. 93/2013, before its conversion into law, had provided that, in this paragraph, after the word: “damage”, the words “of a person under the age of fourteen” were replaced by the following: “or in the presence of a minor of eighteen years

Art. 573 – Consensual abduction of minors. 

Anyone who takes a minor, who has reached the age of fourteen, with his consent, from the parent exercising parental responsibility [cc 316] or from the guardian [cc 346], or considers it against the will of the same parent or guardian, is punished, upon complaint of this [cp 120; cpp 336], with imprisonment of up to two years [cp 522, 524](1). 

The penalty is reduced [cp 65], if the offense is committed for the purpose of marriage; it is increased [cp 64], if it is committed for the purpose of lust. 

The provisions of Articles 525 and 544 apply (2)(3). 

1. Paragraph thus amended by art. 93, paragraph 1, letter p), Legislative Decree 28 December 2013, n. 154, starting from 7 February 2014 pursuant to the provisions of art. 108, paragraph 1 of the same Legislative Decree no. 154/2013. The text previously in force was the following: “Whoever removes a minor, who has reached the age of fourteen, with his consent, from the parent exercising parental authority or the guardian, or considers it against the will of the same parent or guardian, is punished, upon complaint of this, with imprisonment of up to two years. “. Moreover, the “parental authority” had been replaced with the “parental authority” in consideration of the modification introduced to art. 316 cc by art. 138, L. May 19, 1975, n. 151, on the reform of family law. Subsequently, art. 146, L. November 24, 1981, n.
2. The Constitutional Court, with sentence 5-22 February 1964, n. 9 (Gazz. Uff. February 29, 1964, n. 54), declared the illegitimacy of art. 574, cp, with reference to art. 29, second paragraph, of the Constitution, as it limits the right of complaint to the parent exercising parental authority, and, in application of art. 27, L. 11 March 1953, n. 87, declared the illegitimacy of art. 573 of the Criminal Code, with reference to art. 29, second paragraph, of the Constitution, as it limits the right of complaint to the parent exercising parental authority. Subsequently the Constitutional Court, with sentence 17-26 June 1975, n. 163 (Gazz. Uff. 2 July 1975, n. 174), declared the question of legitimacy of this article unfounded, with reference to articles 2, 3 and 13 of the Constitution; with sentence 15-20 June 1977, n. 122 (Gazz. Uff. 29 June 1977, n. 176), declared inadmissible the question of legitimacy of this article, with reference to arts. 3 and 27 of the Constitution; with sentence 26 September-6 October 1988, n. 957 (Gazz. Uff. 12 October 1988, n. 41 – First special series), declared inadmissible the question of legitimacy of this article, with reference to art. 2, 3, 29 and 30 of the Constitution.
3. The cited articles 525 and 544 of the Italian Criminal Code have been repealed, respectively, by art. 1, L. February 15, 1996, n. 66 (Gazz. Uff. February 20, 1996, n. 42), containing the new rules on sexual violence and art. 1, L. 5 August 1981, n. 442, of repeal of the criminal relevance of the case of honor. The Constitutional Court, with sentence 17-26 June 1975, n. 163 (Gazz. Uff. 2 July 1975, n. 174), declared the question of legitimacy of this article unfounded, with reference to art. 2, 3 and 13 of the Constitution. The same Court, with sentence 15-20 June 1977, n. 122 (Gazz. Uff. 29 June 1977, n. 176), declared inadmissible the question of legitimacy of this article, with reference to art. 3 and 27 of the Constitution; with sentence 26 September-6 October 1988, n. 957 (Official Gazette 12 October 1988, n. 41 – First special series), has declared inadmissible the question of legitimacy of this article, with reference to arts. 2, 3, 29 and 30 of the Constitution.

Art. 574 – Abduction of incapable persons. 

Anyone who removes a child under the age of fourteen, or a mentally ill, from the parent exercising parental responsibility [cc 316], from the guardian [cc 346], or from the curator [cc 392, 424], or whoever has the supervision or custody, or considers it against the will of the same, is punished, upon complaint of the parent exercising parental responsibility, of the guardian or curator, with imprisonment from one to three years [cp 120, 522, 524; cpp 336](1). 

The same penalty is subject, upon complaint by the same persons, to anyone who removes or considers a minor who has reached the age of fourteen, without his consent for a purpose other than that of lust or marriage. (2). 

The provisions of Articles 525 and 544 apply (3)(4). 

1. Paragraph thus amended by art. 93, paragraph 1, letter q), Legislative Decree 28 December 2013, n. 154, starting from 7 February 2014 pursuant to the provisions of art. 108, paragraph 1 of the same Legislative Decree no. 154/2013. The text previously in force was the following: “Anyone who removes a minor under the age of fourteen, or a mentally ill, from the parent exercising parental authority, from the guardian, or curator, or whoever has supervision or custody, or considers it against the will of the same, is punished, upon complaint of the parent exercising parental authority, guardian or curator, with imprisonment from one to three years. “. Moreover, the “parental authority” had been replaced with the “parental authority” in consideration of the modification introduced to art. 316 cc by art. 138, L. May 19, 1975, n. 151, on the reform of family law. Subsequently, art. 146, L. November 24, 1981, n. 689 had expressly provided that whenever in the penal code or in other laws the expression “patria potestà” occurs, it should be replaced by the expression “parental authority”.
2. See art. 5, L. 9 October 1967, n. 962, on the repression of genocide.
3. The Constitutional Court, with sentence 5-22 February 1964, n. 9 (Gazz. Uff. February 29, 1964, n. 54), declared the illegitimacy of art. 574 of the Italian Criminal Code, with reference to art. 29, second paragraph, of the Constitution, as it limits the right of complaint to the parent exercising parental authority, and, in application of art. 27, L. 11 March 1953, n. 87, declared the illegitimacy of art. 573 of the Criminal Code, with reference to art. 29, second paragraph, of the Constitution, as it limits the right of complaint to the parent exercising parental authority. Subsequently the Constitutional Court, with sentence 21-28 March 1969, n. 54 (Gazz. Uff. 2 April 1969, n. 85), declared the question of legitimacy of the first part of this article unfounded, with reference to art. 29, second paragraph, of the Constitution.
4. The aforementioned articles 525 and 544 of the Criminal Code have been repealed, respectively, by art. 1, L. February 15, 1996, n. 66 (Gazz. Uff. February 20, 1996, n. 42), containing the new rules on sexual violence and art. 1, L. 5 August 1981, n. 442, of repeal of the criminal relevance of the case of honor.

Article 600. Placing or holding a person in conditions of slavery or servitude 

Whoever exerts on any other person powers and rights corresponding to ownership; or who reduces or maintains a person in a state of constant subjection, forcing that person to work or to provide sexual services or to beg or to any other illegal activity involving exploitation or to consent to the removal of organs, shall be punished with imprisonment from eight to twenty years.  

Reduction or maintenance in a state of continuous subjection [soggezione] occurs when conduct is carried out by means of violence, threat, deception, abuse of authority or taking advantage of a situation of vulnerability, physical or mental inferiority or a situation of need, by promising or giving sums of money or other benefits to those having authority over the person.  

The aforesaid penalty becomes harsher, increasing by one third to 50%, if the offences referred to in the first paragraph above are perpetrated against minors under eighteen or for sexual exploitation, prostitution or organ removal purposes. 

Article 601. Trafficking in human beings 

Whoever carries out trafficking in persons who are in the conditions referred to in article 600, that is, with a view to perpetrating the crimes referred to in the first paragraph of said article; or whoever leads any of the aforesaid persons through deceit or obliges such person by making use of violence, threats, or abuse of power; by taking advantage of a situation of physical or mental inferiority, and poverty; or by promising money or making payments or granting other kinds of benefits to those who are responsible for the person in question, to enter the national territory, stay, leave it or migrate to said territory, shall be punished with imprisonment from eight to twenty years. The aforesaid penalty becomes harsher, increasing by one third to 50%, if the offences referred to in this present article are perpetrated against minors under eighteen or for sexual exploitation, prostitution or organ removal purposes. 

 

Art. 602 Ter – Aggravating circumstances  

(1) The penalty for the offences referred to in Articles 600, 601 and 602 is increased from one third to half: 

1. a) if the offended person is under eighteen years of age;
2. b) if the facts are directed to the exploitation of prostitution or in order to subject the offended person to the removal of organs;
3. c) if the fact results in a serious danger to the life or physical or psychological integrity of the injured party.

If the facts provided for in Title VII, Chapter III of this book are committed in order to commit or facilitate the offences referred to in Articles 600, 601 and 602, the penalties provided for therein shall be increased by between one third and one half. 

In the cases provided for in articles 600-bis, first paragraph, and 600-ter, the penalty is increased by between one third and one half if the act is committed with violence or threats  

(2) In the cases provided for in Articles 600-bis, first and second paragraphs, 600-ter, first paragraph, and 600-quinquies, the sentence shall be increased from one third to one half if the offence is committed taking advantage of the juvenile’s situation of need  

(3) In the cases provided for in articles 600-bis, first and second paragraphs, 600-ter and 600-quinquies, as well as articles 600, 601 and 602, the penalty shall be increased by half to two thirds if the act is committed to the detriment of a minor of sixteen years of age  

(4) In the cases provided for in Articles 600-bis, first paragraph, and 600-ter, as well as, if the act is committed to the detriment of a child under the age of eighteen, by Articles 600, 601 and 602, the penalty shall be increased by half to two thirds if the act is committed by an ascendant, the adoptive parent, or their spouse or cohabiting partner, spouse or relatives within the second degree, by relatives up to the fourth degree of collateral care, by the guardian or by a person to whom the child has been entrusted for reasons of care, education, education, supervision, custody, work, or by public officials or persons in charge of a public service in the performance of their duties, or if it is committed to the detriment of a child in a state of mental, natural or caused infirmity or impairment  

(5) In the cases provided for in Articles 600-bis, first paragraph, and 600-ter, as well as Articles 600, 601 and 602, the penalty shall be increased by half to two thirds if the offence is committed by the administration of alcoholic, narcotic or narcotic substances or in any case harmful to the physical or mental health of the minor, or if it is committed against three or more persons  

(6) In the cases provided for in articles 600-bis, 600-ter, 600-quater, 600-quater.1. and 600-quinquies, the penalty is increased. 

1. a) if the offence is committed by several persons together;
2. b) if the offence is committed by a person who is part of a criminal association and in order to facilitate its activity;

(c) if the offence is committed with serious violence or if, as a result of the repetition of the conduct, serious harm is caused to the child  

(7) The penalties envisaged for the offences referred to in the previous paragraph are increased by no more than two-thirds in cases where the offences are committed using means to prevent the identification of access data to computer networks.  

(8) The extenuating circumstances, other than those provided for in articles 98 and 114, competing with the aggravating circumstances referred to in this section, cannot be considered equivalent or prevalent with respect to these, and the penalty reductions shall be applied to the amount of the same resulting from the increase due to the aforesaid aggravating circumstances. 

Italy Penal Code Amendment-English-PDF.

Art. 51 – Maintenance allowance in favor of the absentee’s spouse 

The spouse of the absentee, in addition to what is due to him as a result of the property regime of the spouses and by way of succession, can obtain from the court, in case of need, a maintenance allowance to be determined according to the conditions of the family and the size of the assets of the absent. 

1. Article thus replaced by art. 2, L. May 19, 1975, n. 151, on the reform of family law.

Art. 53 – Use of assets. 

The ascendants, the descendants and the spouse placed in the temporary possession of the assets consider the totality of the annuities to their profit. The others must reserve one third of the pensions for the absent. 

Art. 65 – New marriage of the spouse. 

Once the sentence declaring presumed death has become enforceable, the spouse can contract a new marriage. 

Art. 68 – Nullity of the new marriage. 

The marriage contracted in accordance with article 65 is void if the person whose presumed death was declared returns or is established. 

The civil effects of the marriage declared invalid are reserved. 

The nullity cannot be pronounced in the case in which death is ascertained, even if it occurred on a date after that of the marriage. 

Art. 84 – Age 

Minors cannot marry. 

The court, at the request of the interested party, having ascertained his psycho-physical maturity and the validity of the reasons given, having heard the public prosecutor, parents or guardian, may by decree issued in the council chamber admit to marriage for serious reasons who turned sixteen. 

The decree is communicated to the public prosecutor, the spouses, the parents and the guardian. 

A complaint can be lodged against the decree, with recourse to the court of appeal, within the peremptory term of ten days from the communication. 

The appeals court decides with an unchallengeable order, issued in the council chamber. 

The decree takes effect when the deadline provided for in the fourth paragraph has expired without a complaint being lodged [cpc 741]. 

1. Article thus replaced by art. 4, L. May 19, 1975, n. 151, on the reform of family law.
2. See arts. 50-70, DPR 3 November 2000, n. 396, on the organization of the civil status.

Art. 88 – Crime. 

Persons of whom one has been convicted of murder committed or attempted on the spouse of the other cannot marry (1). 

If only the indictment took place or the arrest was ordered, the celebration of the marriage is suspended until a sentence of acquittal is pronounced. 

Art. 89 – Temporary ban on new marriages

A woman cannot marry unless after three hundred days from the dissolution, annulment or cessation of the civil effects of the previous marriage. The cases in which the dissolution or cessation of the civil effects of the previous marriage have been pronounced on the basis of article 3, number 2, letters b) and f), of the law 1 December 1970, n. 898, and in cases in which the marriage has been declared null due to the impotence, even if only to generate, of one of the spouses(1). 

The court with a decree issued in the council chamber, having heard the public prosecutor, can authorize the marriage when the state of pregnancy is unequivocally excluded or if it results from a final judgment that the husband did not live with his wife in the three hundred days prior to the dissolution , the annulment or cessation of the civil effects of the marriage. The provisions of the fourth, fifth and sixth paragraphs of article 84 and of the fifth paragraph of article 87 apply. 

The ban ends on the day the pregnancy ended. 

1. Paragraph thus replaced by art. 22, L. March 6, 1987, n. 74, on the discipline of cases of dissolution of marriage.
2. Article thus replaced by art. 6, L. May 19, 1975, n. 151, on the reform of family law.

Art. 102 – Persons who can oppose. 

The parents and, in their absence, the other ascendants and collaterals up to the third degree can oppose the marriage of their relatives for any reason that prevents its celebration. (1). 

If one of the spouses is subject to guardianship or care, the right to object also belongs to the guardian or curator. 

The right of opposition also belongs to the spouse of the person who wants to contract another marriage. 

When it comes to marriage in contravention of article 89, the right of opposition also belongs, if the previous marriage was dissolved, to the relatives of the previous husband and, if the marriage was declared null, to the one with whom the marriage was contracted and to his relatives. 

The public prosecutor must always oppose the marriage if he knows that there is an impediment or if he is aware of the mental infirmity of one of the spouses, against whom, due to age, the interdiction can not be promoted. 

1. See arts. 59 and 60, DPR 3 November 2000, n. 396, on the organization of the civil status.

Art. 117 – Marriage contracted in violation of articles 84, 86, 87 and 88 

The marriage contracted in violation of articles 86, 87 and 88 can be challenged by the spouses, the next ascendants, the public prosecutor and all those who have a legitimate and current interest to challenge it. 

A marriage contracted in violation of Article 84 can be challenged by the spouses, by each of the parents and by the public prosecutor. The relative cancellation action can be proposed personally by the minor no later than one year from reaching the age of majority. The request, proposed by the parent or by the public prosecutor, must be rejected if, even while the trial is pending, the minor has reached the age of majority or there has been conception or procreation and in any case the will of the minor to keep alive is ascertained. the marriage bond. 

The marriage contracted by the spouse of the absent cannot be challenged as long as the absence lasts. 

In cases in which authorization under the fourth paragraph of article 87 could have been granted, the marriage cannot be challenged one year after the celebration. 

The provision of the first paragraph of this article is also applied in the case of nullity of the marriage provided for by article 68. 

1. Article thus replaced by art. 12, L. May 19, 1975, n. 151, on the reform of family law.
2. See arts. 78, 102, 139, 232, 248, 268 cc In matrimonial cases the public prosecutor must intervene, under penalty of nullity (art. 70, n. 2, cpc). Article 224, L. May 19, 1975, n. 151, on the reform of family law, states: “The causes of invalidity of marriages celebrated before the entry into force of this law and the related actions are governed by the previous provisions”.

Art. 120 – Inability to understand or want 

The marriage can be challenged by that of the spouses who, although not forbidden, prove to have been unable to understand or want, for any reason, even transitory, at the time of the celebration of the marriage. 

The action cannot be proposed if there has been cohabitation for one year after the incapable spouse has recovered the fullness of mental faculties. 

1. Article thus replaced by art. 15, L. May 19, 1975, n. 151 on the reform of family law.

Art. 122 – Violence and error 

Marriage can be challenged by that of spouses whose consent has been violently extorted or determined by fear of exceptional gravity deriving from causes external to the spouse. 

The marriage can also be challenged by that of spouses whose consent was given as a result of an error on the identity of the person or an essential error on the personal qualities of the other spouse. 

The error regarding personal qualities is essential if, bearing in mind the conditions of the other spouse, it is ascertained that the same would not have given his consent if he had exactly known them and provided that the error concerns: 

1) the existence of a physical or mental illness or a sexual anomaly or deviation, such as to prevent the development of married life; 

2) the existence of a sentence for a non-culpable crime to imprisonment of not less than five years, except in the case of rehabilitation before the celebration of the marriage. Action for annulment cannot be brought before the sentence has become irrevocable; 

3) the declaration of habitual or professional delinquency; 

4) the circumstance that the other spouse has been sentenced for crimes relating to prostitution with a penalty of not less than two years. Action for annulment cannot be brought before the sentence has become irrevocable; 

5) the state of pregnancy caused by a person other than the subject who fell into error, provided that there has been denial pursuant to article 233, if the pregnancy has been completed. 

The action cannot be proposed if there has been cohabitation for one year after the violence or the causes that caused the fear have ceased or the error has been discovered. 

Art. 136 – Grounds known by the registrar. 

The civil registrar who proceeds with the celebration of the marriage, when there is some impediment or prohibition of which he is aware, is punished with a fine (1) from euro 51 to euro 309. 

1. The fine, thus increased, lastly, pursuant to art. 113, L. 24 November 1981, n. 689, is commuted to an administrative pecuniary sanction.

Art. 143 – Mutual rights and duties of the spouses 

With marriage the husband and wife acquire the same rights and assume the same duties. 

From marriage derives the mutual obligation of fidelity, moral and material assistance, collaboration in the interest of the family and cohabitation. 

Both spouses are required to contribute to the needs of the family, each in relation to their assets and their ability to work professionally or at home. 

1. Article thus replaced by art. 24, L. May 19, 1975, n. 151, on the reform of family law.

Art. 143 Bis – Surname of the wife 

The wife adds that of her husband to her surname and keeps it during her widowhood, until she marries again. 

1. Article added by art. 25, L. May 19, 1975, n. 151, on the reform of family law.
2. Art. 5, L. 1 December 1970, n. 898, on cases of dissolution of marriage, provides that in the event of dissolution the woman loses the surname she had added to her own unless authorized by the court.

Art. 146 – Removal from family residence 

The right to moral and material assistance provided for in article 143 is suspended in respect of the spouse who, having left the family residence without just cause, refuses to return. 

The proposition of the request for separation or annulment or dissolution or termination of the civil effects of the marriage constitutes just cause for removal from the family residence. 

The judge may, according to the circumstances, order the seizure of the assets of the spouse who has gone away, to the extent that is capable of guaranteeing the fulfillment of the obligations provided for by articles 143, third paragraph, and 147. 

1. Article thus replaced by art. 151 of May 19, 1975, on the reform of family law.

Art. 147 – Duties towards children 

Marriage imposes on both spouses the obligation to maintain, instruct, educate and morally assist the children, respecting their abilities, natural inclinations and aspirations, in accordance with the provisions of article 315-bis. . 

1. Article replaced by art. 29, L. May 19, 1975, n. 151. Subsequently, this article was thus replaced by art. 3, paragraph 1, Legislative Decree 28 December 2013, n. 154, starting from 7 February 2014 pursuant to the provisions of art. 108, paragraph 1, of the same Legislative Decree no. 154/2013. The text in force prior to the amendment provided for by the aforementioned Legislative Decree no. 154/2013 was the following: “Marriage imposes on both spouses the obligation to maintain, educate and educate the offspring taking into account the abilities, natural inclination and aspirations of the children.”. Of this formulation, the Constitutional Court, with sentence 12-21 October 2005, n. 394 (Gazz. Uff. 26 October 2005, n. 43 – First special series), had declared the question of legitimacy unfounded, in the sense of which in the motivation, with reference to art. 3 and 30 of the Constitution.

Art. 149 – Dissolution of marriage 

The marriage is dissolved with the death of one of the spouses and in the other cases provided for by law (3). 

The civil effects of a marriage celebrated with a religious rite, pursuant to article 82 or article 83, and duly recorded, cease upon the death of one of the spouses and in the other cases provided for by law. 

1. Article thus replaced by art. 31, L. May 19, 1975, n. 151, on the reform of family law.
2. See Law 10 June 1985, n. 301 of accession to the convention on the recognition of divorces and personal separations adopted in The Hague on 1 June 1970.
3. See Law 1 December 1970, n. 898, on cases of dissolution of marriage and L. 14 April 1982, n. 164, in the matter of rectification and attribution of sex.

Art. 150 – Personal separation 

The personal separation of the spouses is allowed. 

The separation can be judicial or consensual. 

The right to request the judicial separation or the approval of the consensual separation belongs exclusively to the spouses. 

1. Article thus replaced by art. 32, L. May 19, 1975, n. 151, on the reform of family law.
2. Art. 226 of Law 19 May 1975, n. 151 states: «The provisions on personal separation, including those of a patrimonial nature, are also applied to previous marriages and judgments in progress at the time of the entry into force of this law. In providing for the requests for revision of the property provisions pursuant to this law, the judge must also take into account the agreements between the parties during the consensual separation approved prior to the entry into force of this law “.

Art. 151 – Judicial separation

Separation can be requested when, even independently of the will of one or both spouses, facts occur that make the continuation of cohabitation intolerable or cause serious damage to the education of the offspring. 

The judge pronouncing the separation, declares, where the circumstances apply and is required, to which of the spouses the separation is responsible, in consideration of his behavior contrary to the duties deriving from marriage. 

1. Article thus replaced by art. 33, L. May 19, 1975, n. 151, on the reform of family law.
2. Art. 226 of Law 19 May 1975, n. 151 states: «The provisions on personal separation, including those of a patrimonial nature, are also applied to previous marriages and judgments in progress at the time of the entry into force of this law. In providing for the requests for revision of the property provisions pursuant to this law, the judge must also take into account the agreements between the parties during the consensual separation approved prior to the entry into force of this law “.

55 Bis – Custody to a single parent and opposition to shared custody  

The judge can order the custody of the children to only one of the parents if he deems with a motivated provision that the custody to the other is contrary to the interest of the minor. 

Each of the parents may, at any time, request sole custody when the conditions indicated in the first paragraph are met. The judge, if he accepts the request, orders the sole custody of the instant parent, without prejudice, as far as possible, to the rights of the minor provided for in the first paragraph of article 155. If the request is manifestly unfounded, the judge can consider the behavior of the instant parent for the purpose of determining the measures to be adopted in the interest of the children, without prejudice to the application of article 96 of the code of civil procedure. 

1. Article added by art. 1, L. February 8, 2006, n. 54 and, subsequently, repealed by art. 106, paragraph 1, lett. a), Legislative Decree 28 December 2013, n. 154, starting from 7 February 2014 pursuant to the provisions of art. 108, paragraph 1, of the same Legislative Decree no. 154/2013.

Art. 155 Quater – Assignment of the family home and residence requirements 

The enjoyment of the family home is attributed taking into account the interests of the children as a priority. The judge takes into account the assignment in the regulation of the economic relations between the parents, considering the possible title of ownership. The right to enjoy the family home ceases if the assignee does not live or ceases to live permanently in the family home or cohabits more uxorio or contracts a new marriage. The provision of assignment and that of revocation can be transcribed and opposed to third parties pursuant to article 2643. 

In the event that one of the spouses changes residence or domicile, the other spouse may request, if the change interferes with the methods of custody, the redefinition of the agreements or measures adopted, including economic ones. 

1. Article added by art. 1, L. February 8, 2006, n. 54 and, subsequently, repealed by art. 106, paragraph 1, lett. a), Legislative Decree 28 December 2013, n. 154, starting from 7 February 2014 pursuant to the provisions of art. 108, paragraph 1, of the same Legislative Decree no. 154/2013.

Art. 156 – Effects of the separation on the property relations between the spouses

The judge, pronouncing the separation, establishes for the benefit of the spouse who is not responsible for the separation the right to receive from the other spouse what is necessary for his maintenance, if he does not have adequate income of his own. 

The extent of this provision is determined in relation to the circumstances and income of the obligor. 

The obligation to lend the alimony referred to in articles 433 and following remains valid. 

The judge who pronounces the separation may require the spouse to provide a suitable real or personal guarantee if there is the danger that he may escape from the fulfillment of the obligations provided for by the previous paragraphs and by article 155. 

The sentence constitutes a title for the registration of the judicial mortgage pursuant to article 2818. 

In the event of non-compliance, at the request of the person entitled, the judge can order the seizure of part of the assets of the obligated spouse and order third parties, who are also required to pay the obligee periodically sums of money, that part of them be paid directly to those entitled (2). 

If justified reasons arise, the judge, at the request of a party, may order the revocation or modification of the provisions referred to in the preceding paragraphs. 

1. Article thus replaced by art. 37, L. May 19, 1975, n. 151, on the reform of family law.
2. The Constitutional Court, with sentence 12-31 May 1983, n. 144 (Gazz. Uff. 8 June 1983, n. 156), declared the illegitimacy of this paragraph, in the part in which it does not provide that the provisions contained therein are applied in favor of the children of consensually separated spouses. Subsequently the same Court, with sentence 14-19 January 1987, n. 5 (Gazz. Uff. January 28, 1987, n. 5 – First special series), declared the illegitimacy of this paragraph, in the part in which it does not provide that the provisions contained therein apply to spouses separated by consensus; with sentence of 23 June-6 July 1994, n. 278 (Official Gazette 13 July 1994, n. 29 – First special series), declared the illegality of this paragraph in the part in which it does not provide that the investigating judge can adopt, during the cause of separation, the provision to order the third party debtors of the spouse obliged to maintain maintenance to pay a part of the sums directly to the entitled persons; with sentence 10-19 July 1996, n. 258 (Gazz. Uff. 24 July 1996, n. 30 – First special series), declared the illegitimacy of this paragraph, in the part in which it does not provide that the investigating judge can adopt, during the separation cause, the provision of seizure of part of the assets of the spouse obliged to maintain. the provision to order the third party debtors of the spouse who is obliged to pay maintenance to pay part of the sums directly to the entitled persons; with sentence 10-19 July 1996, n. 258 (Gazz. Uff. 24 July 1996, n. 30 – First special series), declared the illegitimacy of this paragraph, in the part in which it does not provide that the investigating judge can adopt, during the separation cause, the provision of seizure of part of the assets of the spouse obliged to maintain. the provision to order the third party debtors of the spouse who is obliged to pay maintenance to pay part of the sums directly to the entitled persons; with sentence 10-19 July 1996, n. 258 (Gazz. Uff. 24 July 1996, n. 30 – First special series), declared the illegitimacy of this paragraph, in the part in which it does not provide that the investigating judge can adopt, during the separation cause, the provision of seizure of part of the assets of the spouse obliged to maintain.
3. Art. 226 of Law 19 May 1975, n. 151 states: “The provisions on personal separation, including those of a patrimonial nature, also apply to previous marriages and to judgments in progress at the time of entry into force of this law. In providing for requests for revision of the patrimonial provisions pursuant to of this law, the judge must also take into account the agreements between the parties during the consensual separation approved prior to the entry into force of this law “. See also art. 12, L. 1 December 1970, n. 898, on cases of dissolution of marriage.

Art. 156 Bis – Surname of the wife 

The judge may prohibit the wife from using her husband’s surname when such use is seriously prejudicial to him, and may likewise authorize the wife not to use the surname itself, if its use could cause serious harm to her. 

1. Article added by art. 38, L. May 19, 1975, n. 151, on the reform of family law.

Art. 159 – Of the legal property regime between the spouses

The legal property regime of the family, in the absence of a different convention stipulated pursuant to article 162, is constituted by the community of property governed by section III of this chapter. 

1. Article thus replaced by art. 41, L. May 19, 1975, n. 151, on the reform of family law.
2. Art. 6, L. 8 August 1977 n. 574, containing amendments to the rules on land books, for coordination with the new family law, provides as follows: “For the registration of rights in the name of the purchaser only carried out before the entry into force of this law, must be indicated office, as the conditions are not excluded, the reservation of the regime provided for by art. 159 of the civil code “.

Art. 165 – Capacity of the minor 

The minor admitted to marry [cc 84] is also capable of giving consent for all the relative marriage agreements [cc 162], which are valid if he is assisted by the parents exercising parental responsibility over him or by the guardian or by the special trustee appointed pursuant to article 90. 

1. Article replaced by art. 46, L. May 19, 1975, n. 151 and, subsequently, as amended by art. 6, paragraph 1, Legislative Decree 28 December 2013, n. 154, starting from 7 February 2014 pursuant to the provisions of art. 108, paragraph 1, of the same Legislative Decree no. 154/2013. The text in force prior to the amendment provided for by the aforementioned Legislative Decree no. 154/2013 was the following: “The minor admitted to marry is also capable of giving consent for all the related matrimonial agreements, which are valid if he is assisted by the parents exercising authority over him or by the guardian or the trustee special appointed pursuant to Article 90. “.

Art. 215 – Separation of assets (2). 

The spouses may agree that each of them retains the exclusive ownership of the assets acquired during the marriage. 

1. Heading thus amended by art. 82, L. May 19, 1975, n. 151, on the reform of family law.
2. Article thus replaced by art. 83, L. May 19, 1975, n. 151, on the reform of family law.

Art. 216 – Sources of the communion regulation 

The spouses can establish special pacts for communion; in the absence of these agreements, the provisions relating to communion in general apply. 

In any case, the following provisions are observed. 

1. Article repealed by art. 84, L. May 19, 1975, n. 151, on the reform of family law.

Art. 265 – Appeal for violence. 

The recognition can be challenged for violence [cc 1434] by the author of the recognition within one year from the day on which the violence ceased. 

If the author of the recognition is a minor [cc 2], the action can be promoted within one year of reaching the age of majority [cc 263, 268, 2964, 2968]. 

Art. 316 – Parental responsibility 

Both parents have parental responsibility which is exercised by mutual agreement taking into account the child’s abilities, natural inclinations and aspirations. Parents by mutual agreement establish the child’s habitual residence. 

In the event of a dispute on issues of particular importance, each of the parents can appeal to the judge without formalities, indicating the measures they consider most suitable. 

The judge, having consulted the parents and ordered to listen to the minor child who has reached the age of twelve and also younger if capable of discernment, suggests the determinations that he considers most useful in the interest of the child and the family unit. If the conflict persists, the judge attributes the power of decision to that of the parents who, in the individual case, consider the most suitable to look after the interest of the child. 

The parent who has recognized the child exercises parental responsibility over him. If the recognition of the child, born out of wedlock, is made by the parents, the exercise of parental responsibility belongs to both. 

The parent who does not exercise parental responsibility supervises the child’s education, upbringing and living conditions. 

1. Article replaced by art. 138, L. May 19, 1975, n. 151. Subsequently, this article was thus replaced by art. 39, paragraph 1, Legislative Decree 28 December 2013, n. 154, starting from 7 February 2014 pursuant to the provisions of art. 108, paragraph 1, of the same Legislative Decree no. 154/2013. The text in force before the replacement provided for by the aforementioned Legislative Decree no. 154/2013 was the following: «Exercise of parental responsibility. The child is subject to parental responsibility until the age of majority or emancipation. The parental responsibility is exercised by mutual agreement of both parents. In the event of a dispute on issues of particular importance, each of the parents can appeal to the judge without formalities, indicating the measures they consider most suitable. If there is an imminent danger of serious harm to the child, the father can take urgent and non-postponable measures. The judge, having heard the parents and the child, if older than fourteen years, suggests the determinations that he considers most useful in the interest of the child and the family unit. If the conflict persists, the judge attributes the power of decision to that of the parents who, in the individual case, considers the most suitable to look after the interest of the child. “.

Art. 316 Bis – Competition in maintenance 

Parents must fulfill their obligations towards their children in proportion to their respective substances and according to their ability to work professionally or at home. When the parents do not have sufficient means, the other ascendants, in order of proximity, are required to provide the parents themselves with the necessary means so that they can fulfill their duties towards their children. 

In the event of non-fulfillment, the president of the court, at the request of anyone who has an interest in it, having heard the defaulting party and having obtained information, can order by decree that a share of the obligee’s income, in proportion to the same, is paid directly to the other parent. or to those who bear the expenses for the maintenance, education and upbringing of the offspring. 

The decree, notified to the interested parties and to the third debtor, constitutes enforceable title, but the parties and the third debtor can propose opposition within twenty days of notification. 

The opposition is governed by the rules relating to the opposition to the injunction, as applicable. 

The parties and the third party debtor can always request, with the forms of the ordinary process, the modification and revocation of the provision. 

1. Article added by art. 40, paragraph 1, Legislative Decree 28 December 2013, n. 154, starting from 7 February 2014 pursuant to the provisions of art. 108, paragraph 1, of the same Legislative Decree no. 154/2013.

Art. 342 Bis – Protection orders against family abuse 

When the conduct of the spouse or other cohabitant causes serious damage to the physical or moral integrity or to the freedom of the other spouse or cohabitant, the judge, at the request of a party, may adopt by decree one or more of the measures referred to in ‘article 342-ter (5). 

1. Title IX-bis, comprising articles 342-bis and 342-ter, was added by art. 2, L. 4 April 2001, n. 154.
2. On the scope of application of the provisions contained in this title IX-bis, see articles 5 to 8 of the aforementioned law no. 154/2001.
3. Title IX-bis, comprising articles 342-bis and 342-ter, was added by art. 2, L. 4 April 2001, n. 154.
4. On the scope of application of the provisions contained in this title IX-bis, see articles 5 to 8 of the aforementioned law no. 154/2001.
5. Paragraph modified by art. 1, L. 6 November 2003, n. 304. The original text was formulated as follows: “When the conduct of the spouse or other cohabitant causes serious damage to the physical or moral integrity or to the freedom of the other spouse or cohabitant, the judge, [if the fact does not constitute a crime prosecutable ex officio,] ».

Art. 342 Ter – Content of protection orders . 

With the decree referred to in Article 342-bis, the judge orders the spouse or cohabitant, who has held the prejudicial conduct, to cease the same conduct and orders the removal from the family home of the spouse or cohabitant who carried out the prejudicial conduct also prescribing, where necessary, not to approach the places habitually frequented by the applicant, and in particular the place of work, the domicile of the family of origin, or the domicile of other close relatives or other persons and in the vicinity of the places of education of the couple’s children, unless they have to attend the same places for work needs. 

The judge may also order, if the intervention of the social services of the territory or of a family mediation center is necessary, as well as of the associations that have as their statutory purpose the support and reception of women and minors or other victims of abuse. and mistreated; the periodic payment of a check in favor of cohabiting persons who, as a result of the measures referred to in the first paragraph, remain without adequate means, setting methods and terms of payment and prescribing, if necessary, that the sum be paid directly to entitled by the employer of the obligee, deducting it from the salary due to the same. 

With the same decree the judge, in the cases referred to in the preceding paragraphs, establishes the duration of the protection order, which runs from the day of its execution. This cannot be longer than one year and can be extended, at the request of a party, only if there are serious reasons for the time strictly necessary.(1). 

With the same decree the judge determines the methods of implementation. Where difficulties or disputes arise with regard to execution, the same judge by decree issues the most appropriate measures for implementation, including the aid of the public force and the health officer. 

1. Paragraph thus amended by art. 10, DL 23 February 2009, n. 11, converted into law, with amendments, by L. April 23, 2009, n. 38. The text previously in force was as follows: «With the same decree, the judge, in the cases referred to in the preceding paragraphs, establishes the duration of the protection order, which runs from the day of its execution. This cannot be longer than six months and can be extended, at the request of a party, only if there are serious reasons for the time strictly necessary. “.
2. Title IX-bis, comprising articles 342-bis and 342-ter, was added by art. 2, L. 4 April 2001, n. 154.
3. On the scope of application of the provisions contained in this title IX-bis, see articles 5 to 8 of the aforementioned law no. 154/2001.

Art. 390 – Emancipation by law. 

The minor is by law emancipated by marriage. 

Art. 392 – Curator of the emancipated 

The trustee of the minor married to an adult is the spouse. 

If both spouses are minors, the tutelary judge can appoint a single curator, preferably chosen from among the parents. 

If the annulment occurs for a reason other than age, or the dissolution or cessation of the civil effects of the marriage or personal separation, the tutelary judge appoints one of the parents as curator, if suitable for the office, or, failing that, another person. In the event that the minor subsequently contracts marriage, the trustee also assists him in the acts provided for in article 165. 

1. Article thus replaced by art. 7, L. 8 March 1975, n. 39, on the attribution of majority age to citizens who have reached the age of eighteen and modification of other rules relating to the capacity to act and the right to vote.

Art. 433 – Obliged persons 

The obligation to lend alimony is required, in order: 

1) the spouse; 

2) the children, even adopted children, and, in their absence, the next descendants (5); 

3) the parents and, in their absence, the next ascendants; the adopters(6); 

4) gender and daughter-in-law; 

5) the father-in-law and the mother-in-law; 

6) full or unilateral brothers and sisters, with priority of the germans over the unilateral ones. 

1. See art. 541 of the criminal code, second paragraph; art. 155 of RD 18 June 1931, n. 773, as well as art. 279 of RD May 6, 1940, n. 635. According to the provisions of number 16, first paragraph, of art. 19 of Presidential Decree 24 July 1977, n. 616, the municipalities are assigned the competence relating to the provisions for assistance to disabled people without means of subsistence as per articles 154 and 155 of the TULPS
2. Article thus replaced by art. 168, L. May 19, 1975, n. 151 on the reform of family law.
3. See L. 23 March 1958, n. 338, ratification of the International Convention for the recognition abroad of maintenance obligations signed in New York on June 20, 1956; the L. 24 October 1980, n. 745, ratification and execution of the following conventions: 1) convention on the taking of evidence abroad in civil and commercial matters, adopted in The Hague on 18 March 1970; 2) Convention on the International Administration of Succession, adopted in The Hague on 2 October 1973; 3) Convention concerning the recognition and enforcement of decisions relating to maintenance obligations, adopted at The Hague on 2 October 1971; 4) Convention on the law applicable to maintenance obligations, adopted in The Hague on 2 October 1973.
4. As regards the law regulating maintenance obligations with regard to minor children, with Law no. 918, the ratification and execution of the convention concluded in The Hague on October 24, 1956, and of the convention concerning the reorganization and execution of the sentence on maintenance obligations towards minor children, concluded in The Hague on April 15, 1958, was ordered. See furthermore, art. 32, L. 5 February 1992, n. 104, containing a framework law for assistance, social integration and the rights of handicapped persons.
5. Number thus replaced by art. 64, paragraph 1, lett. a), Legislative Decree 28 December 2013, n. 154, starting from 7 February 2014 pursuant to the provisions of art. 108, paragraph 1 of the same Legislative Decree no. 154/2013. The text previously in force was the following: “2) legitimate or legitimate or natural or adopted children, and, in their absence, close descendants, even natural ones;”.
6. Number thus replaced by art. 64, paragraph 1, lett. b), Legislative Decree 28 December 2013, n. 154, starting from 7 February 2014 pursuant to the provisions of art. 108, paragraph 1 of the same Legislative Decree no. 154/2013. The text previously in force was the following: “3) the parents and, in their absence, the next ascendants, even natural ones; adopters; “.

Art. 435 – Obligation of parents and natural children 

The biological child owes alimony to the parent. His obligation ranks after that of the parents and legitimate ancestors of the child. 

The parent owes the alimony to the natural child and his legitimate descendants. His obligation ranks after that of the natural children of the child. 

The parent also owes the alimony strictly necessary for the natural children of his legitimate or natural child. His obligation has rank after that of the father-in-law and the mother-in-law of the feeding. 

1. Article repealed by art. 169, L. May 19, 1975, n. 151, on the reform of family law.
2. The Constitutional Court, with sentence 21-27 March 1974, n. 82 (Gazz. Uff. April 3, 1974, n. 89), had declared the constitutional illegitimacy: a) of art. 575 cc, in the part in which, in the absence of legitimate children and the parent’s spouse, it admitted a competition between the natural children recognized or declared and the ancestors of the parent with reference to art. 30 of the Constitution; b) of art. 435 cc, in the part in which it did not provide for the obligation for natural children recognized or declared, to lend alimony to the legitimate ascendants of their parent, pursuant to art. 27, L. 11 March 1953, n. 87.