Diritto Pubblico Comparato ed Europeo

Sommario

1. The de facto family and habitual visiting. – 2. Upkeep of property of one of the cohabitants with money of the other. – 3. Building property on the plot of land of one of the cohabitants with money of the other. – 4. Transfer of property during cohabitation. – 5. Transfer of property on termination of co- habitation due to break-up of the relationship. – 6. Transfer of property on discontinuance of cohabitation due to decease of one of the cohabitants. – 7. Setting up a constraint of allocation, ex art. 2645 ter of the civil code, in favour of a cohabitant.

Abstract

This Article focuses on the juridical problems related with de facto family and real estate ownership.The Italian Civil Code does not provides any rule regarding the economic aspects within the relationship of an unmarried couple. The discipline of such cases comes only from Juris- prudence.The first part of this work examines the jurisprudence related to the right in restitution for the improvements paid by one cohabitant at the home of the other. The second part focuses on the hypothesis where one cohabitant builds a property with his own assets on the plot of land of the other cohabitant. The third part analyzes the transfer of property during their co- habitation. The fourth part describes the transfer of real estate rights between cohabitants at the time the relationship ends. Finally the article deals with the consequences on real estate ownership deriving from the death of one of the two partners.The Author identifies the solutions to the mentioned problems and looks for a common ground and a united interpretation of these different cases.