Fresu, Nicola (2018) L’Analisi della tutela giuridica dei rapporti familiari della persona detenuta nella teoria generale del diritto di famiglia. Doctoral Thesis.
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The concerned research had the aim to deeply examine the current state of the general theory of family law, according to an approach which sees it belonging to the category of social rights, by means of the study of the protection of the main family rights, considered in conjunction with the adult person in custody, and of the way this discipline has been modified over time, due to social changes and thanks to the science of legal psychology.
This paper highlights the theories which recognize the private law as a legal matter more and more mindful of social relationships and more and more looking after the consequences that different private-law institutes unavoidably produce inside the relationships established among the associates.
The family law is no longer on the border between private and public law, but rather in the social law category, understood as a third genus and as a new shared legal tool between private and public law. The issue of the general theory of family law applied to prison law has been dealt purely with psycho-legal tools.
Indeed, the focal point of this work is precisely the analysis of the relationships which tie all the individuals involved inside the detention context and all different profiles, to protect the same relationships according to the references placed before by the general theory of family law.
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