La famiglia: una concezione neo-istituzionale?

The A. analyzes Luigi Mengoni’s theory on the family role in the law. He compares the two fundamental marriage and family conceptions, the contractual one and the institutional one. He suggests a construction key of Mengoni’s theory as neo-institutional, that is updated to the modernisation’s values: a conception, according to art. 29 Cost., balanced among autonomy, solidarity and peer dignity of family’s members. He takes side in favour of an essential meaning (core, Wesensgehalt) of the marriage and the family, consistent with the “truth of juridical shape principle”, with the constitutional case law and with art. 9 Charter of Fundamental Right of the European Union in order to offer an objective criterium to determine the matter and thus to avoid the “no-difference ideology”. At least he takes into consideration the constitutional conception of filiation (art. 30 Cost.) that connects parenthood and responsibility against a voluntaristic conception only apt to recognize the assumption of parental resposibility.