La nozione di «matrimonio»: diritto internazionale privato e diritto materiale a confronto

The present work tackles the topical and much debated issue of the notions, and their contents, of «marriage» and «spouse» in EU substantive and conflict of laws; taking the stand from the different coexisting models of family relationships and fragmented normative approaches developed at the domestic levels, and in spite of the evolutionary trends in the field, the present methodological framework is structured around the research question on whether it is possible as of today to infer an autonomous notion of «marriage» from EU law, or from some of its specific areas of law. Adhering to one solution rather than to another bears significant consequences in terms of defining the scope of application of rules devoted to the free movement of persons, and to cross-border recognition of family statuses and attached patrimonial relationships. Further aim of the work is, assuming as focal lenses Italian law only, whether under the current legal framework qualification issues still maintain their validity.