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em University of Cagliari UniCA Eprints


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Studying the division means trying to describe a complex phenomenon that accommodation dogmatic created many disagreements in doctrine and jurisprudence, and today, despite the debate on the subject has reached the landing at least reassuring, never fails to impress for a certain vitality. The main purpose of this work is to analyze, with no claim to completeness, the division in modern key, both from a structural point of view that from a functional point of view. Made a brief introduction on the history and evolution of legal profiles of the institute, it will switch you to the analysis of the essential elements that combine to describe the situation, to analyze its effects, and to place it, only if possible, within the categories of law developed by the doctrine and jurisprudence. The second aspect of investigation, however, will focus on the study of the case divisional functionally analyzing in detail what are the various ways in which it is possible to proceed to division, and what are the critical issues relating to each divisional scheme, with particular attention to the division of the estate, which has always been, to its inherent complexity, the paradigm to refer to, and the ground of comparison of various theories proposed, in light of recent legislative changes, albeit marginal, report the current attention to a phenomenon instrumental in the distribution of wealth, perhaps too much overlooked.