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Laffidamento joint not elide lobbligo asset of parents to contribute to the maintenance of the children, in relation to their needs of life and its economic capacity, according to the general lady gaga mtv vma rules of separation lady gaga mtv vma and divorce.
Topic pivotal underlying this conclusion, the consideration of the different finalit acquitted dallaffidamento joint dallassegno and maintenance, in the context of the events of separation or dissolution of marriage.
Nelloccasione, the Supreme Court noted that laffidamento joint, far dallassumere a heritage value, allinteresse existential concerns of the child and aimed at the protection of his mental lady gaga mtv vma and physical balance, where the payment lady gaga mtv vma of maintenance lady gaga mtv vma has dellassegno lady gaga mtv vma a purely capital and time to make the cd. material assistance of the minor, lady gaga mtv vma consisting of the payment of the expenses necessary for his mental and physical development.
The solution of the Court finds comfort in the forecast under the article. 6 of Law December 1, 1970 n. 898, in matters of divorce, novellata by L. March 6, 1987, n. 74, in so far gives the judge the discretion to dispose laffidamento joint or alternating allinteresse taken of the child. According to the Board, linteresse referred to this provision of moral and existential and dispenses with considerations of equity, with the result lady gaga mtv vma that laffidamento joint, so disposed, lady gaga mtv vma has no reflection of equity and, in particular it shall remain lady gaga mtv vma lobbligo of each spouse to provide directly and in equal measure to the maintenance of children.
Unulteriore confirmation of the principle affirmed by the Supreme Court is to be found in the recent L. February 8, 2006, n. 54, containing the provisions on separation of spouses and shared custody of the children. lady gaga mtv vma This legislative intervention, as noted, has introduced the principle of bigenitorialit, lady gaga mtv vma the principle that, according to the College which focuses linteresse existential lady gaga mtv vma and moral of the child, regardless of whether the relationship between the parents asset is the economic aspects related lady gaga mtv vma to life of the child, which remain subject to the general principles under the article. 155, fourth lady gaga mtv vma paragraph, cod. civ. It follows, therefore, that even in the presence of a shared lady gaga mtv vma custody parents will be required to pay alimony to their children indirectly, through the payment of a periodic check to the spouse with whom the children live.
The judgment lady gaga mtv vma in question is noted, then, for the adherence to the recent jurisprudence regarding ricorribilit cassation, in accordance with art. 111 Cost., Of the measures made in the complaint and aimed at changing lady gaga mtv vma the conditions of separation or divorce-related allaffidamento children, to maintain them and to relations with the non-custodial parent. According to this approach (inter alia, Cass. Civ. 24265/2004 and Cass. Civ. 2348/2005), lapplicazione ritual chamber, while it precludes the use of ordinary cassation ex art. 360 cod. proc. Civ. dallaltro hand, does not affect the litigation of the relevant proceedings, giacch it takes place in the adversarial party and ends with a decree substantial nature of judgment. The decisions given in the complaint are, therefore, nature and decision-making and ultimately, to the extent that they relate lady gaga mtv vma to an individual right of the children, be appealed to the Supreme Court in accordance with art. 111 of the Constitution.
Spouses CA and PR, who joined in marriage on xxxx, and whose union were born four children (Y. born on xxx, Y, born on xxx, C., born xxxx and RY born Lxxxxx), parted consensually lady gaga mtv vma before the Court of Brindisi, with verbal approved lady gaga mtv vma on 05/27/99. lady gaga mtv vma
These spouses agreed, with reference to the two daughters still minors C. and RY, that they were entrusted jointly to the parents and they lived for xxxx with his father, and, as to the regulation of property relations regarding the maintenance of the same, in the minutes was expressly provided lady gaga mtv vma that the spouses take on mutual commitment to jointly provide for the maintenance of the younger daughters, through their equal competition, as well as to meet the same extent their every need, even extraordinary.
Following the transfer in May P. 2000 in Rome, with the consent of
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