The Codified and Constitutionalised View of Family Law

This book analyses Family Law in the Civil Codes of 1916 and 2002, addressing the Constitutional Principles relating to Family Law, and the Principle of Human Dignity as the reference centre of the research. Based on the history of Family Law, the aim is to critically and reflexively identify the normative content of family relations in the Civil Code of 1916 and the Civil Code of 2002, in order to identify the adaptation of the Codes to the model of the Federal Constitution of 1988. This approach makes it possible to understand the Constitutional Principles on Family matters, such as the legal equality of spouses and children, the Principle of Freedom, affectivity, above all the Principle of the Dignity of the Human Person, as the centrepiece of this research. It also uses case law from before and after the 1988 Magna Carta, in order to approach the doctrinal subject of the entire work from a practical, exemplary perspective, focusing the decisions on the historical and principiological aspects of the matter.