La dichiarazione della madre di non voler essere nominata. Varianti e invarianti di un diritto soggettivo in crisi sistemica

The recent court decision commented in this work is very peculiar as it focuses on the action brought forward by a person claiming his status filiationis after his (anonymous) mother’s death on top of the action to make his origins clear. The analysis allows for a phenomenological observation of the facts and values connected with maternal anonymi- ty, with respect to which the interests of a plurality of subjects converge—interests that are of proper legal significance and that ar e unfortunately not always reconcilable, while searching for value order within the legal system