Archaeology of a reform. Wives’ right to maintenance and the Constitutional Court (ruling 133/1970)
Journal title ITALIA CONTEMPORANEA
Author/s Domenico Rizzo
Publishing Year 2025 Issue 2025/307
Language Italian Pages 35 P. 71-105 File size 377 KB
DOI 10.3280/IC2025-307004
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The essay examines the debate surrounding the interpretation of Article 29 of the Constitution in relation to marriage in Republican Italy. On the one hand, the norm affirms “the moral and legal equality of spouses”, while, on the other hand, it allows the law to limit this equality in order “to guarantee family unity”. This antinomy legitimises the persistence of a hierarchical family structure, provided for in the Civil Code of 1942. The article moves from an analysis of the 1970 Constitutional Court’s ruling that interpreted equality as a precondition of unity and traces its development over the preceding decade in connection with political efforts to reform family law.
Keywords: Constitutional Court, family law reform, Civil Code, Article 29 of the Constitution, equality of spouses, history of family
Domenico Rizzo, Archeologia d’una riforma. Il diritto delle mogli al mantenimento e la Corte costituzionale (sentenza 133/1970) in "ITALIA CONTEMPORANEA" 307/2025, pp 71-105, DOI: 10.3280/IC2025-307004