Italian Supreme Court of Cassation (Corte di Cassazione italiana), Civil Section I, No. 28/2025, 2 January 2025

The legal relevance of the bond of solidarity originating from a previous de facto relationship justifies the persistence of moral and social duties between former partners even after the cohabitation ends.

Art. 2 Italian Constitution
Art. 29 Italian Constitution
Art. 2 ECHR
Art. 8 ECHR

1. De facto cohabitations are a widespread social phenomenon protected by Art. 2 of the Italian Constitution, characterized by moral and social duties of each partner toward the other. These duties may manifest as material assistance and economic contributions not only during the cohabitation but also afterward, and may qualify, depending on the specifics of the case, as fulfilment of a natural obligation under Art. 2034 of the Italian Civil Code, provided further requirements of proportionality, spontaneity, and adequacy are present.

2. The solidarity and affective bond originating from the prior de facto cohabitation aligns with the changed reference value context and corresponds to current societal evaluations, given the progressively expanding affirmation of a pluralistic concept of family.