Il regime patrimoniale dei coniugi e dei conviventi quale diritto privato patrimoniale “di secondo grado”

Many patrimonial institutions of private law, in the context of the matrimonial property regimes, receive modifications and adaptations, both in consideration that the legal relationship is imputed not to the single subject, but to the couple (firstly only the married couple, then also the civil partners and the unmarried couples), and in consideration of the different ratio underlying within this field. The aim of the research is to examine, also from a comparative perspective, the main institutions, principles, categories of general private law (such as, among others: various kinds of joint tenancy, joint obligations, legal representation, the principle of privity of contracts, the different kinds of invalidity of legal deeds, the ways of acquiring property, the financial responsibility) to investigate how these institutions assume a peculiar physiognomy in the context of matrimonial property. Also the Case law has reformulated the shape of many institutions and rules about contracts, gifts, the unjustified enrichment, ownership, possession, when it had to apply them to married and unmarried couples. Therefore the presence of family interests (also de facto) seems to impose an adaptation of the general rules of patrimonial private law, as to configure out a real sub-system with its own specific rules, within patrimonial private law.