Commentary on Judgment Cass. civ. no. 5216/2024: Placement with Social Services and Protection of Minors

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abduction of minors abuse acceptance acceptance of inheritance action for reduction adjustments adoptability adoption adult children adults adversarial proceeding agreements agricultural contract agriculture alimony allowance review appeal Art. 570-bis c.p. assessment notice autonomy best interest of the child best interests of the child biparentality building cooperative burden of proof capacity to understand case law cassation Cassation ruling change of residence charge child abduction child custody child hearing Child maintenance child protection Child Rights child support children's needs children's rights civil law civil status acts civil union co-declarant co-ownership co-parenting cohabitants' rights cohabitation cohabitation more uxorio collation compensatory liability complaint consensual separation consolidation of the adversarial principle Constitutional Court Court of Appeal Court of Appeal of Naples Court of Brescia Court of Cassation Court of Justice of the EU creditor protection creditors crime Criminal Court of Cassation criminal law custody custody of minors custody rights damages compensation de facto unions death of a party defense rights denial disability law dispute dividing transaction divorce divorce alimony divorce allowance documentary evidence domestic violence donation donations dual parenthood dual parenting economic disparity economic equity economic independence economic self-sufficiency emergency removal emotional bonds emotional stability employability equality equity European Court of Justice European protection order evasion evidence exclusive custody Extraordinary child expenses fair compensation family family conflict family law family obligations family responsibilities family responsibility fault filial status financial contribution forced heir forced heirs foreign minors foster care fragility freedom of choice gender dysphoria genetic testing grandparents guardian judge decree guardianship habitual residence Hague Hague Convention hearing of the minor heirs hereditary community holographic will incapacity income disparity indirect donation indirect donations individual freedom ineffectiveness infidelity ingratitude inheritance inheritance acceptance inheritance agreements inheritance division inheritance law inheritance rights inheritances injunction international abduction international abduction of minors international custody international law inventory benefit Istanbul Convention Italian jurisprudence Italian justice ius praelationis ius retractionis joint declaration judgment judgment 1256 2025 judgment 210/2025 judgment 2295 judgments judicial division jurisdiction jurisprudence law 184/1983 law 218/1995 law 898/1970 legal adulthood legal aid legal community legal guardianship legitimaries legitimate legitimate share legitimate succession legitimization liability listening to the minor maintenance maintenance allowance marital community marital responsibility marital separation marriage mediation mild adoption minor abduction minor hearing minor rights minor's opinion minors minors' rights mistreatment mortgage mortgage registration natural incapacity natural obligations non-binary identity non-compliance non-performance notification nullity nullity of will order parental authority parental capacity parental conflict parental consent parental inadequacy Parental obligations parental responsibilities parental responsibility parental rights passive standing paternity paternity denial photocopies pre-emption right private law procedural representation proof by presumptions proof of kinship property law protection of minors protection of minors' rights psychological health psychological violence real estate transfer reconciliation redemption right reduction reduction of donations Regulation 2201/2003 reimbursement of expenses reinstatement repatriation revocability revocation right of defense right of reduction right to be heard right to defense rights of the beneficiary risk of default ruling ruling 1234/2023 ruling 12345 ruling 16703/2024 ruling 16716/2024 ruling 17154/2024 ruling 17191/2011 ruling 19069/2024 ruling 2024 ruling 26263 ruling 32354/2024 ruling Cassation 2017 ruling Cassation 8229/2023 ruling of the Court of Cassation ruling reasoning rulings self-determination self-responsibility separation settlement agreement sex reassignment shared custody shared parenting side agreements simulated donation simulation social services special curator special power of attorney spousal duties spousal support spouses' rights stalking standard of living standing state of abandonment subsidiary liability succession succession law successions support administration support administrator Supreme Court Supreme Court 2024 Supreme Court ruling surrogacy suspension of proceedings suspensive condition Swiss law tacit acceptance tacit family unions tax litigation technical consultancy territorial jurisdiction testamentary succession testamentary will testator's intention transactional division transfer of minors Ukraine unlawful detention Venetian rules victim protection violation Violation of family assistance obligations violence visitation visitation rights welfare of minors will will of the beneficiary