suggested citation: M. Ferrari, Il paradigma “more uxorio” nella tutela costituzionale della convivenza di fatto, lceonline (www.lceonline.eu), 2/2025, II/Rubriche, p. 17 ss.
key words: more uxorio cohabitation, family (notion of), Italian Constitutional court decision n. 148, 2024
abstract: The paper analyzes judgment no. 148 of 2024, with which the Constitutional Court declared the illegitimacy of Articles 230-bis, third paragraph, and 230-ter of the Civil Code in the part where they exclude de facto partners from participants in family businesses. The decision distinguishes the protection of families founded on marriage (Article 29 of the Constitution) from the protection offered to social formations where individual personality develops (Article 2 of the Constitution). It confirms the paradigmatic value that has been established in the jurisprudence of the Court of Cassation with the “more uxorio” qualification of cohabitation, meaning that it implies an “affective couple bond” and is not merely friendly, supportive, or for companionship.
