Significato ‘condiviso’ e codice civile italiano: proposte di riforma per un diritto privato coerente con l’attuale sistema delle fonti

The paper moves from the circular relationship between language and society: language shapes thought and society and at the same time society and social changes contribute to change language. It focuses on the role played by the meaning shared by the community of speakers and on some provisions of the Italian civil code, such as article 143 bis c.c. entitled ‘The wife’s surname’, article 1602 c.c. entitled ‘The allocation of the pater familias’, article 1176 c.c. entitled ‘The diligence of the pater familias’. In particular, it investigates whether these provisions convey a meaning that is still shared by the community of speakers or they reflect a gender stereotype. After stating why the above-mentioned provisions are not consistent with the current legal system enriched by the supranational dimension, changes will be suggested coherently with the provisions of the Italian Constitution and of the Istanbul Convention on preventing and combating violence against women and domestic violence contributing also to the achievement of gender equality, which is one of the goals of the 2030 Agenda for Sustainable Development.