Natural Obligations in De Facto Unions: Commentary on Order No. 28 of 2025
Order No. 28 of January 2, 2025, issued by the Court of Appeal of Milan, represents an important legal reference for understanding the phenomenon of de facto unions and the related natural obligations. With this document, the Court confirmed the importance of moral and social duties that arise between cohabiting partners, not only during cohabitation but also after its termination.
De Facto Unions and Their Legal Protection
As established by Article 2 of the Italian Constitution, de facto unions are recognized as a significant social phenomenon worthy of protection. This order clarifies that cohabiting partners are not mere cohabitants but are united by a bond characterized by mutual duties. These duties may include:
- Material assistance
- Financial contribution
- Moral and emotional support
It is crucial to note that the natural obligations that may arise in this context are not legally binding but are based on social and moral recognition. The Court emphasized that such obligations can persist even after the end of the relationship, highlighting the need for mutual support that extends beyond the end of cohabitation.
The Meaning of the Ruling's Maxim
De facto unions - Moral and social duties - Fulfillment of natural obligations - Conditions - Basis. De facto unions are a widespread social phenomenon that finds protection in Article 2 of the Constitution and are characterized by duties of a moral and social nature, of each cohabitant towards the other, which can materialize in activities of material assistance and financial contribution, provided not only during the cohabitation relationship but also in the period following its termination and which can be configured, considering the specificity of the concrete case, as the fulfillment of a natural obligation pursuant to Article 2034 of the Civil Code, provided that the further requirements of proportionality, spontaneity, and adequacy are also met; moreover, the bond of solidarity and affection that originates from the previous de facto union finds correspondence in the changed value context of reference and is in linear relation with the current evaluation in society, based on the progressively broader affirmation of a pluralistic conception of the family.
This maxim highlights how de facto unions are not just a private aspect of people's lives but have social and legal significance. It recognizes the variety of contemporary family configurations and aligns with the growing recognition of the plurality of families in modern society.
Conclusions
In conclusion, Order No. 28 of 2025 offers a clear and articulated vision of de facto unions and the duties that derive from them. It invites reflection on the importance of affective relationships and the bonds that can arise even in the absence of formal marriage. Italian jurisprudence continues to evolve, recognizing and protecting the different forms of family in a constantly changing social context.
