Ai confini dell’arcipelago familiare: unioni tra persone dello stesso sesso e danno da perdita di familiare


Responsabilità civile e previdenza

2014, vol. 79, n°2, pp.645-655

Départements : Droit et fiscalité, GREGHEC (CNRS)

The above captioned ruling of the Court of Appeals of Milan concerns the right of the surviving partner to claim the damages arising out of the death of his same-sex cohabiting partner. The Court, partially reversing the Tribunal's ruling, granted his claim, which the Court derived from the occurred violation of the right, to which homosexual people are entitled, to freely live their condition as a couple, right that was recognized by the judgment of the Italian Constitutional Court No. 138 of 2010