L'evoluzione del diritto di famiglia in Tunisia: il minore nello Statuto personale e nel diritto internazionale privato

This work is addressed to those who are attracted by the Islamic world or are simply interested in this reality that increasingly is "Europeanizing" even if the basic principles remain unchanged. The sharia discipline, that regulates the family institution, is based on values and common juridical rules that the Koran considers intangible and unchangeable. The aim is to promote the position of the weakest components of the family, such as women and children, in order to make the rights and duties of the couple equal. The sharia precepts have been reformulated and assimilated in the family law codes of the muslim countries and are called "Personal Statute." The doctoral thesis entitled "The evolution of the familyan law in Tunisia: The minor in the Code of the Personal Statute and in the Private International Private Law", is divided into four chapters. The first Chapter, â The Origins and the Personal Statute", is about the roots of Tunisia, making short references to the situation of the Country in the constitutional, social and cultural level. Then, after a brief historical and close examination, the chapter deepens the Personal Statute Code from 1956 to the last reforms of March 2008. The second chapter talks about the relationship between the Tunisian Judge and the codification in the field of Personal Statute. The paragraphs emphasize that sometimes the reasoning of the Court is an accordance with the classical muslim law and sometimes this is in contrast with it. The chapther shows a traditional conservatism and, in particular, the reaction of the Judge that relates increasingly to the social context, facing many issues and changing his own orientation with the passing of time. Besides, the other paragraphs deal with the old issue of the acknowledgement of paternity, through Dna testing, with particular reference to the law of 28 October 1998, analysing the advantages and disadvantages, the possible measures taken by the law - maker. Finally, the last chapter deepens the role of the minor inside the Personal Statute and the Tunisian International Private Law. In the first paragraphs of this chapter, the consecration of the minor in the Personal Statute, is based on a more umanitarian dimension, on dignity and on equality. On the contrary, the further paragraphs underline the safeguard of the childâ s interest inside the International Private Law, that is a fundamental principle in all the judgeâ s decisions.So, the judge has to analyse the financial, emotional, psichological, educational and sanitary factors concerning the child. In the end, the attention is addressed to the examination of a practical case, the marriage of a tunisian woman and egyptian man. In brief, you can see that, even if the Tunisian family aspires to a nuclear model, it preserves the main features of the traditional family.