Segre vs Seimandi: what rights does a deceived partner have if the couple is not married?

Revealing that your partner is cheating can add to the details of the crime of defamation. 595 of the Criminal Code of the Russian Federation, which consists in insulting someone else’s reputation by disclosing it in front of a large number of people.

If then those who have been betrayed even distribute photos and videos of betrayal, they are committing the crime of revenge porn. referred to in article 612 ter of the Penal Code, introduced by law no. 69 of 2019, called the Red Code, a rule that punishes anyone who discloses (sends, delivers, sells, publishes or distributes) sexually explicit images without the consent of the person represented.

From a civic point of view, a devoted man or woman who takes revenge can also be sentenced to restitution, if the disclosure has damaged the reputation and dignity of the victim. rights guaranteed by the Constitution. I hope that all this will finally discourage those who are planning to organize a party serving revenge instead of dessert, as happened recently in Turin, when Mario Segre, an accountant, financier and banker, organized a surprise party for his future bride, Cristina Seimandi, to reveal friends of her betrayal and the end of their relationship.

view more

But what rights does a partner who is betrayed outside of marriage have, even just a day before a happy event? Nobody. We are in a real legal free zone.

Indeed, only in marriage do spouses have a mutual debt of fidelity, sanctioned by Art. 143 of the Civil Code of the Russian Federation. For this reason, the cheated spouse may sue for separation (i.e., he may request that the unfaithful spouse be held liable for the dissolution of the union), and the spouse charged with separation loses the right to maintenance and inheritance rights.

Furthermore, even if the unfaithful spouse is not charged with divorce, the cheated spouse is entitled (according to the prevailing judicial orientation) to damages if the adultery harmed his right to health, personal dignity or honor.

But for cohabitants (even for a long time) and, paradoxically, also between civilly connected spouses and among those who have made a solemn promise to marry, the law does not provide for any obligations of fidelity.

In a word, in case of betrayal of one of the components of the pair, there are no special consequences, even if the most sophisticated jurists maintain that a legal obligation of mutual fidelity exists between civilly cohesivefalling under the broader obligation of “moral and material” assistance expressly provided for by law.

Infidelity is not a source of compensation for non-pecuniary damage, even if it is the reason for the violation of the solemn promise of marriage. which, to be clear, is one that results from a request for publications that are required by engaged couples before marriage.

In this case, in fact, the only obligation is to reimburse the other party for the costs incurred and contractual obligations assumed in connection with the wedding (from the buffet, to the wedding dress, to the honeymoon, to the atmosphere of the wedding celebration). future family home).

All this because, since there is no legal obligation of fidelity of the betrothed, cohabitants and civil unions, there can be no corpus delicti and, therefore, the right to damages.

In other words, the one who was betrayed on the eve of the wedding or after entering into a civil union is not entitled to compensation for moral damage, despite the official nature of the engagement, even if betrayal is a source of great personal suffering.. Those who are deceived by their partner feel humiliated, also experience social shame, lose self-confidence.

It’s fair to say that romantic “cheating” is just reprehensible behavior. but without legal consequences? That those who betray go “unpunished”?

If this can be acceptable to two free-state persons who consciously choose to live together and not marry, thereby waiving the rights and obligations of marriage provided by law, then it is more difficult to accept for those who, on the other hand, have chosen with a partner to commit especially if, as civilly united same sex, can not marry.

The only consolation is that we have freed ourselves from someone who, deep down, does not love us and maybe he never loved us.