Andrea Cesarini

Another Time about the “Conflictµ between Divorce and (Successive) Exequatur of the Ecclesiastical Judgement of Nullity: The United Sections Are Asked to Determinate the Destiny of the Economic Decisions Which Are Not Yet Unappealable

  • Abstract

Informations and abstract

Keywords: Marriage; Nullity; Exequatur; Divorce; Unappealable.

A recent ordinance of the first Section of the Court of cassation has asked the United Sections to determinate whether the exequatur of an ecclesiastical judgement of nullity may stop the trial about the economic effects of divorce, even in the case that the latter has already become unappealable. The aim of this essay is to explain the competing positions of the jurisprudence and to verify which one suits the most with Italian procedural law and its general principles in matter of marriage.

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