Il controllo sull'autonomia: la forma dei contratti di convivenza nella legge n. 76/2016

In this paper, the author examines section 51 of art 1 of the law n° 76/2010, regarding the formality of contracts on patrimonial aspects of registered partnerships. Notably, this paper focuses on the essential elements that have to be specified in writing in order for the contract to be valid. Moreover, it deals with the role that lawyers and notaries have acquired with regard to the certifying compliance of this type of contracts with mandatory provisions and public order. The gist of the work is that the autonomy of the parties has been subject to a scrutiny that is too incisive (formality and certification of conformity), to such an extent that cohabitants could be discouraged from stipulating this kind of contracts.