|Scarica l’articolo intero >|
The essay enquires the topic of familiar private autonomy, considering the influences of social transformations on its practice’s limitations set from regulations.
For this purpose the author suggests to appeal to an investigation in order to point out the level of “mobility” and “elasticity” of those limitations set from familiar autonomy, regarding the social dynamics that could be translated in continuous demands of identification and adjustment of the topics that they limit.
Mobility refers to the relation that law and extralegal factor, as possible source of integration of familiar union’s legislative framework, express in the relation as “essential terms of social agreement”, relating to both the availability to modify legal limits of private autonomy on the adjustment to social evolution, and the way in which this availability could be eventually formalized. Elasticity filtrates the applications and the influences from the mores through the norm of which capacity is estimated. This is possible through the inquiry of limit ratio, as expression of a certain choice of regulations which refers to the familiar institution finalities that is considered from time to time.