Estromissione forzosa dall'abitazione nella convivenza more uxorio: quale tutela per il partner che subisce lo spoglio?

This comment examines the judgement delivered by the Court of Palermo of 18 June 2019 concerning the possessory protection of the partners who cohabitate outside marriage. After a brief description of the facts, the analysis focuses on relevant legislation, as well as doctrine and case-law as regards both the «de facto» couples and the related possessory protection. Then, it is assessed whether the action for recovery of possession can be regarded as the most appropriate remedy to protect the non-owner partner who was banished by the owner one from the house in which they used to cohabitate. In conclusion, accordingly to the decision of the Court, it is stated that, in light of the principles of reasonableness, effectiveness and proportionality, the action for recovery of possession cannot be considered the remedy which ensures the best protection of the injured person.