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Bill: D.d.l. 01/77 - Statutory Text on Polygamous Marriages and Unions
Details
Submitted by[?]: Nuova Socialdemocrazia
Status[?]: passed
Votes: This bill is a resolution. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.
Voting deadline: February 4086
Description[?]:
| The Minister of Internal Affairs Marco Baratti: "Given the approval of the polygamous law, the LDE presents to the Parliament a Consolidated Law for the regulation of the polygamy marriages and unions. This Statutory Law will go to modify the Civil Code to regulate the matter and avoid problems due to the current lack of legislation." TEXT: Rights and duties of the new legal contract (henceforth l.c.) on polygamous marriages and unions: 1. All parties of the l.c. must be adults, consenting and not suffering of mental infirmity. 2. All parties of the l.c. have the same rights and obligation within the l.c. and are equal in front of the law. 3 A citizen can get into the l.c. even if he is already bound by another marriage or civil union but only if there is mutual agreement between all the parties of the existent marriage/union with those of the coming marriage/union. 4. In respect of the obligations and duties and the conditions necessary to contract recognized by law's marriage/union, the parties must follow the existing provisions if not changed by this text. 5. As in the other forms, derive from this l.c. the obligation of mutual fidelity between the members in rapport of the liaisons established inside the family group and for all the parts of the l.c. the obligation of moral and material assistance and collaboration in the interest of the family and of the cohabitation. 6. All the parts of the l.c. are required, each according to their resources and their own professional or home working capabilities, to contribute to the family's needs. 7. It's mandatory to the parties of the l.c. write a document (called "union regulative text"), which have to be approved by a court, that must:. - delineate the relations inside the family group between the parties of l.c. and eventually special responsibility or disposition for one or more parties. - the behaviors, rights and obligations that the parties of l.c. must follow in case of dissolution of the marriage and in cases not specified in this text. - the parties have the right to modify, with agreement of all other parties, the text during the existence of the l.c. - the Judiciary will release a handbook on the establishment and drafting of the above text. Address of family life and family residence: 6. The parts of the l.c. agree among themselves on the address of the family life and secure the residence of the family according to the needs of the parts and those prominent of the family. 7. Each parts of the l.c. has the power to implement the agreed conduction of the family. Intervention of the court: 8. In case of disagreement each parts of l.c. may ask, without formalities, the intervention of a judge who, after hearing the opinions expressed by all the parts of the l.c. and, as appropriate, by other housemates and cohabiting children who have completed their sixteenth year, try to reach an agreed solution. 9. Where this is not possible and the disagreement affects the determination of the residence or other essential business, the judge, if it is specifically requested by the parts of l.c. jointly, adopt, by a decision not open to challenge, the solution which it considers most appropriate to the needs of the unit and of family life. Departure from the family home: 10. The moral right to assistance and material provided in articles 5 and 6 shall be suspended with regard to the part of l.c. who, went away from the family home without just cause, refuses to return. 11.The proposition of the demand for separation, or annulment or dissolution or termination of the civil effects of the l.c. constitutes just cause for expulsion from the family home. 12.The court may, under the circumstances, order the seizure the assets of the estranged part of l.c., to the extent necessary to ensure the fulfillment of obligations under Articles 6, 13 and 14. Duties towards the children: 13. The l.c. imposes to the members of the family group that are parents of a child the obligation to maintain, educate and morally assist the child, in accordance with their capabilities, natural inclinations and aspirations as as provided by law. 14. All the parties of the l.c. have the same obligation and responsibility toward the children inside the family group but it's recognized precedence regarding parental rights to the biological parents of the child. 15. All the parties of the l.c. must accept the desire and the decision to procreation of the concerned members of the family group. If a part or more parties of l.c. does not accept the above decision will be subordinate to the needs of the existent or future parenting group. If it's determined that the decision to procreate has clearly taken with malicious intent to strike or force the exit from the l.c. of the part or the parties in disagree, to both the concerned parenting couple are ascribed the responsibilities of guilt towards the damaged part/parties. If an other part or other parties of the l.c. are found to collaborate in the malevolent intentions of the parent couple, are ascribed to him/them the same responsibilities of guilty of the concerned parental couple. 16. In the union regulative text, the biological parents of a child can recognize to all the other parties of l.c. the same rights and duties of the articles 14 but also one or more parties may be exempt or waive to the parental rights and duties towards their children if they are adult or by decision of the biological parents if underage. If the biological parents are not in condition to exercise their rights and duties towards the children the other parties of the l.c. are obliged to respect the disposition of the article 13 and 14 if nothing is specified in the text the union regulative text. Opposition to marriage: 17. In addition to the provisions already in place, it's added that it can oppose to the marriage any other member of a contract already in place involving one of the parties of the new ones. New marriage/union unrelated with the l.c. here regulated: 18. If a part or parties of the l.c. want proceed with another marriage/civil union not related with the existing l.c., must first lawfully terminate the previous. Dissolution of the l.c. and separation of one, more or all the party/parties: 19. It's mandatory for all the parties report in the union regulative text the treatment in case of separation, to be reviewed whenever new elements ever enter the family group. 20. In case of dissolution of one of the rapports inside the l.c. all the parties of the family group must participate into the legal process for the economic matters of the family group. 21. On the death of one or more parties of the l.c. the remain parties of the l.c. must proceed or with the rules below or as envisaged in an agreement in the unions regulative text. 22. If are not specified in the regulating text the heritage condition must be follow this rules: - in absence of children at the death of a member of the l.c. his assets are equally divided between the other parties of the l.c. with a relation with the defunct. - in presence of children a court must determine the division of the death's assets with special regarding to the children and their alive biological parents. For the disposition in place on the l.c. of marriage and civil union: 23. In all the other existing articles on the matter of the Civil Code, the term "spouses" are replaced by "the part/parties". 24. The other existing disposition on the matter, if not modified by this law, apply only in relation to the only parties concerned within the family group, unless are involved in the causes and responsibilities other parties of the l.c. Modification on the administrative code of the Republic: Duties of the Public Officer of the Republic: "the public officer of the Republic, performing on their duties, can not refuse to celebrate the polygamous union as provided by law, may not oppose and they must eliminate all administrative and social barriers so that it will not be restricted a right recognized to the citizens." I want thanks the ISLP that aid my party to prepare and write this text. |
Proposals
Debate
These messages have been posted to debate on this bill:
| Date | 13:44:14, September 04, 2016 CET | From | Nuova Socialdemocrazia | To | Debating the D.d.l. 01/77 - Statutory Text on Polygamous Marriages and Unions |
| Message | the Minister Marco Baratti: "It's time to procede with this statutory law. The president Neloni it's not the Head of our Government. Do not exist her government. So, we procede in authonomy. Thank you" |
| Date | 14:52:30, September 04, 2016 CET | From | Popolari per l'Istalia - U.o.L. | To | Debating the D.d.l. 01/77 - Statutory Text on Polygamous Marriages and Unions |
| Message | It makes no sense to vote , this law will return to debate in February |
| Date | 19:17:35, September 05, 2016 CET | From | Partito dei Democratici Istaliani | To | Debating the D.d.l. 01/77 - Statutory Text on Polygamous Marriages and Unions |
| Message | "We will vote against this reform because it will bring the chaos in Italy and will degrade people that want to marry whith only a person from spous to part. This is unacceptable" Carlo Nacci, Whip of the DI party |
| Date | 19:30:33, September 05, 2016 CET | From | Nuova Socialdemocrazia | To | Debating the D.d.l. 01/77 - Statutory Text on Polygamous Marriages and Unions |
| Message | Filippo Raggi, whip of LDE: "what? The people that want to marry whit only a person will be able to do this. No limits on this. This is a law for all the other people that want marry two or more person. It's a reality, it's very important grant to them a law to regulate this matter. Each citizen have to think to his proper affairs, not to the affairs of other persons. Thank you" |
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Voting
| Vote | Seats | |||
| yes |
Total Seats: 358 | |||
| no | Total Seats: 247 | |||
| abstain | Total Seats: 0 |
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