Persone vulnerabili e matrimonio: una normativa irrazionale ed ampiamente superata

The right to marry and to found a family is expressly recognized by numerous international conventions and the Italian Constitution. Therefore, a balance must constantly be sought between the legitimate aspirations of the vulnerable person to marry and the protection of his or her will, which must not be coerced or manipulated. The personal protection institutions regulated by the legislature – in Articles 404 ff. and 414 ff. of the Civil Code – do not seem to guarantee this complicated balancing of values adequately. Article 558-bis of the Criminal Code, for its part, punishes those who induce a vulnerable person into marriage (or civil union) by abusing his or her status and working, family, or caring relationships, without indicating the consequences for the civil effects of the marriage itself. The contribution, therefore, indicates some essential points of a desirable reform of support administration (in Italy, so-called “Amministrazione di sostegno”), and of the discipline of invalidity of marriage.