The Italian Civil Code at Eighty: Facing Old Age

Abstract

AbstractItaly’s civil code is eighty years old. In this chapter, I will consider the evolution of the law in Italy since the entry into force of the Italian civil code in 1942. Although the formal structures of the code have largely remained the same over the years, the case for a new codification is becoming compelling. In the eighty years since the enactment of the code, the country has witnessed the fall of fascism, the establishment of the Republic and the return to democracy, a rapid modernisation, and the consequent change of social values. Several areas of the law have therefore experienced profound transformations. European Union law and the jurisprudence of the European Court of Human Rights have also deeply influenced Italian law. The Republican Constitution has been a key factor in consolidating the evolution of the law. At present, there is little chance that Italy will soon introduce a new civil codification, but the Italian civil code of 1942 is now facing old age; the efforts to keep it up to date on the basis of a piecemeal approach to reform should probably give way to more ambitious plans for a new civil codification.KeywordsCivil codeRegime changeSocial changeSupranational lawConstitutional law