Il prisma dell’effettività e l’ordine possibile delle relazioni familiari. Considerazioni a margine della riforma Cartabia

Abstract

The essay moves from the analysis of the most recent developments in family law and particularly those elements pointing to a diagnosis of its crisis. The author then refers to the recent re-emergence of the debate on the formants of family law so to propose an interpretation that finds in the overcoming of predetermined forms and in the centrality of individual interests the crucial elements of a possible order of family relations in a pluralist society. In the perspective thus proposed, the author argues that the centrality of remedies and judicial mediation is as indisputable as framed within clear principles and general clauses - mostly pertaining to self-determination, the inviolability of individual rights and the best interests of the child - albeit tempered by solidarity and reasonableness. In this direction, some elements of the recent reform of civil procedural rules dealing with family relations are considered as extremely meaningful