The law n. 54, which was passed in the 8th February 2006, is a useful tool to respond to the needs (already felt in foreign legal systems) of the children in case of separation and divorce by introducing the so called" shared custody". Even though the law pretends to introduce a new regulatory set of rules, centred on the idea of best interest of the child (i.e. the interest of the child not to loose contact with the other parent or with any member of the family), it seems that legislator has failed in many ways. Once is the inability to realize a clear cut with the old concept of "potestà", as a power to exercise in the interest of the child by both members of the couple, definitely getting rid of the distinction between "empowerment" and "real exercise" of it.
Allocating Child Shared Custody to Separating or Divorcing Couples: Law 54/2006
ZAMBRANO, Virginia
2008-01-01
Abstract
The law n. 54, which was passed in the 8th February 2006, is a useful tool to respond to the needs (already felt in foreign legal systems) of the children in case of separation and divorce by introducing the so called" shared custody". Even though the law pretends to introduce a new regulatory set of rules, centred on the idea of best interest of the child (i.e. the interest of the child not to loose contact with the other parent or with any member of the family), it seems that legislator has failed in many ways. Once is the inability to realize a clear cut with the old concept of "potestà", as a power to exercise in the interest of the child by both members of the couple, definitely getting rid of the distinction between "empowerment" and "real exercise" of it.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
