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Italian Court of Cassation (Corte di cassazione), Civil Section VI, No. 16804/2020, 7 August 2020

Date
07/08/2020
Type Judgment
Case number 16804/2020
Link

Attachments

Abstract

Denial of recognition of the repudiation sentence issued by the foreign religious authority within the Italian legal system.

Normative references

L. n. 218 of 1995, art. 67
Art. 360 Italian Code of Civil Procedure

Ruling

The judgment containing the decision of repudiation issued abroad by a religious authority, although equivalent to a judgment of the state court, cannot be recognized within the Italian legal system, from the twofold point of view of substantive public policy, as a violation of the principle of non-discrimination between men and women, and of procedural public policy, given the lack of equality of defense and of an effective cross-examination.