La dos e l’abolizione della dote nel codice civile italiano: spunti per un possibile ripensamento

The essay investigates the origin of the dowry in Roman law and the evolution it has undergone through the ages. From a gift that the wife makes to her husband to compensate for the loss of inheritance expectations towards the family of origin and ad sustinenda onera matrimonii, it gradually becomes an instrument that the woman uses in order to conquer wealthy men and also to constitute a form of maintenance in the event of the dissolution of the marriage. The Italian civil code of 1942 distorted the nature and function that the dowry had reached at the height of its evolution and this led to its abolition with the Reform of family law of 1975. However, a recovery of the institution of the dowry does not appear impossible in our legislation, since the dowry can still play a role of public interest as a separate patrimony aimed at supporting the family and each spouse, while respecting the constitutional principle of equality of spouses.