Il dovere di fedeltà coniugale tra sessualità legale e sessualità consentita : una indagine casistico-giurisprudenziale di diritto comparato

Abstract

The provision on marital fidelity seems to be a systemological consistent fact throughout most countries belonging to the so-called «Western legal tradition», despite the numerous and profound changes in family law that have crossed each of them. From a comparative law perspective and with a case-law approach, the essay analyses the role that this duty plays in the microsystem of family relationships at present. It focuses attention on a broad spectrum of situations: from the irretrievable breakdown of the marriage descending from the adultery in the divorce judgments to the related civil liability issues; from the assignment of property rights by the spouse who committed adultery to the revocation of donations for unworthiness.