Natural Obligations in De Facto Unions: Commentary on Order No. 28 of 2025

Order No. 28 of January 02, 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 recognised as a significant social phenomenon worthy of protection. This order clarifies that cohabiting partners are not mere cohabitants but are united by a bond characterised 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 has emphasised that such obligations may persist even after the relationship has ended, 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 - Fulfilment of natural obligations - Conditions - Basis. De facto unions are a widespread social phenomenon protected by Article 2 of the Constitution and are characterised by duties of a moral and social nature, of each cohabitant towards the other, which may materialise in activities of material assistance and financial contribution, provided not only during the period of cohabitation but also in the period following its termination and which may be configured, taking into account the specificity of the concrete case, as the fulfilment 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 arising from the previous de facto union finds correspondence in the changed value context and is in linear relation with the current assessment 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 recognises 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 detailed view of de facto unions and the duties that arise from them. It invites reflection on the importance of emotional relationships and the bonds that can form even in the absence of formal marriage. Italian jurisprudence continues to evolve, recognising and protecting different forms of family in a constantly changing social context.