Marital community under Italian Law and financial liability of the spouses: some theoretical (and practical) issues

After framing the Italian marital community of spouses as a variant of the French model with specific peculiarities, this article examines the enforcement of creditors' rights over both community and individual assets. In particular, it analyzes the enforcement actions initiated by the personal creditors of a spouse against community assets, as well as those undertaken by community creditors against the individual assets of the spouses. A comparative perspective between the marital community and ordinary co-ownership in civil law highlights inconsistencies and contradictions in the legal nature and regulation of the marital community, particularly in the context of enforcement proceedings. The analysis sheds light on interpretative and practical challenges in applying the legal framework governing marital property under Italian law.