L’unitarietà dello statuto successorio tra Favor Legitimitatis e verità biologica

The doctoral thesis entitled “The unity of the Statute of succession between legitimitatis favor and biological truth” has retraced , from the point of historical and legal perspective , the difficult relationship between filiation in wedlock and filiation given outside of it , especially in view of its successors profiles . The changes introduced by the reform law were analyzed on “Measures regarding the recognition of illegitimate children” , Law no . 219/2012 , and the legislative decree implementing, n . 154/2013 . In particular , it was decided to critically review the provisions of Book II of the Civil Code which provided an anachronistic dichotomy, both formally, as a substantial, between “legitimate children” and “natural children”. The research was prompted by the analysis art. 2 , co . I, letter . f , of the aforementioned Law no . 219/2012 , in which the legislature has invested the government with the task of “ensuring the adaptation of the succession rules ( ... ) the principle of the child - state drives ( ... )”. Subsequently, were analyzed all the rules of succession novellate law by virtue of Legislative Decree completion of the reform of filiation (Legislative Decree . N . 154/2013) , entitled “Review of the current provisions of filiation , pursuant Article 2 of the law of 10 December 2012, n . 219”. In the first instance, it has accomplished a mere linguistic accommodation operation, expunging from Articles 467 , 536 , 538 , 565 , 566 , 570 , 573 , 580 , 581 , 582 , 583 , 594 , 715 and 737 of the Civil Code , the “legitimate” and the words “natural”, opting for a simple reference to the children. The study of the Statute of succession as children born within or outside marriage took place by placing the eye to other European legal systems. Research has set as a basis for comparing the discipline succession offered by civil law experience. Think of the Spanish Ley 11/1981, which has adapted the civil code legislation to that of the Constitution, in view of the absolute equality among children. An examination was also offered regarding the remediation of the legislature beyond the Alps, through law 2001-1135, L. n. 2002-305, again through Ordonnance n. 2005-759 and Law. 2009-61. It was also examined the German reform of 1969, namely the law on “no legitimate children”, nichteheliche Kinder, and that of the filiation of the 1997 law reform (KindRG). In terms of the common law, in terms of equivalence between types of filiation, steps were taken to identify, firstly, the Family law Act of 1987, which was also abolished the linguistic expression as illegitimate, and the Children Act 1989. [edited by author]