9 THE ITALIAN LAW JOURNAL NO. 2 (2023)
The Italian Regime of Legal Communion Within Matrimony Viewed Through the Prism of Constitutional Principles
by Dario Scarpa The concept of ‘legal community’ within the Italian property regime is derived from the normative treatment of the property of spouses as community of property, whether immediate or residual, as well as the maintenance of the personal character of the purchase of property. The legal community concept, along with Arts 177-179 of the Italian Civil Code 1942, have created a wide-ranging debate, with supposed links to constitutional principles, to expand or narrow the scope and attractiveness of purchases as being treated as legal community between spouses. Despite doctrinal criticism, the methodological canon supporting the normative interpretation of the Civil Code with reference to constitutional principles has absolute relevance, and does not assume infallibility of the indivisible ability of princes to penetrate the positive discipline in matters of legal communion. DOI 10.23815/2421-2156.ITALJ ISSN 2421-2156
