TUTELA DELLA PRIVACY NEL RAPPORTO CONIUGALE: IN TEMA DI PROVA DELL'INFEDELTÀ CONIUGALE

The perimeter within which the spouse can act legitimately to prove the infringement of the duty of fidelity and other facts of the other spouse is based on his / her right to judicial protection but the exercise of this right should always be conducted in full respect of the right to privacy of the and the personal data of the other spouse. The balance between these competing rights within the marital relationship, must find its synthesis within the context of procedural rules without ever exceeding compliance with the constitutional or legal principles, that are linked to those principles.