Gli accordi di indirizzo sulla casa familiare sono coercibili?

The Corte di cassazione rules out the enforceability of agreements under art. 144 c.c. concerning the family home and denies that such agreements may give rise to the creation of a right in rem pursuant to art. 2932 c.c. More broadly, the decision holds that the statutory requirement of agreement operates rebus sic stantibus and is not capable of specific enforcement. Building on the facts of the case, the analysis focuses on the wider systematic implications of the ruling, which confirms the tendency toward the non-enforceability of the principal marital duties and, more generally, the weakness of the remedies provided for the protection of the“rights” arising from marriage. Within this framework, the principle that spouses must reach an agreement is reconstructed as a principle governing family life not susceptible to compulsory enforcement, but only indirectly relevant for the purposes of fault-based separation. The second part of the comment addresses the issue of the family home when it belongs exclusively to one spouse, highlighting the inadequacy of the current legal framework in effectively safeguarding the housing rights of the non-owning spouse and of the children.