Il doppio cognome: contenuto e limiti di un nuovo diritto(dettagli)
Titolo: Il doppio cognome: contenuto e limiti di un nuovo diritto
The work aims to analyze the current legislation on the transmission of the surname to the children in the Italian legal system, to verify if this rule respects the principle of equality between the parents and the principle of the protection of the child's personal identity.
The rule of automatic transmission of the father's surname was indeed a glaring symbol of discrimination between parents, which reflected a deep-rooted background of inequality between men and women that can still be seen today.
The decision of the Corte Costituzionale n. 286/2016 stated that parents can give their child the surname of the father, followed by the surname of the mother if both are in agreement. Nevertheless, there are issues that a jurisprudential decision, even if crucial for the matter, cannot resolve. In fact, the judgment doesn't solve the question of the accumulation of surnames in future generations, and doesn't decide whether the children of the same family should have the same surname.
After a careful analysis of the issues that currently remained unresolved, hypotheses will be formulated to find solutions that are both respectful of the right of equality between parents and of the personal right of the child to have both branches of his family recognized in his surname. Lastly, the answers obtained from the interviews regarding the matter of the "double surname", in which several Italian municipalities participated, will be examined and will be subject to reflection.
Autore: Anna Mina
Università degli Studi di Torino
CIRSDe – Centro Interdisciplinare di Ricerche e Studi delle Donne e di Genere dell’Università degli Studi di Torino
Gestione dei diritti:
Quest'opera è distribuita con Licenza Creative Commons Attribuzione - Condividi allo stesso modo 4.0 Internazionale.
Identificatore: ISBN: 9788875901684, ISSN: 2533-2198