Prestazioni di cura e restituzioni (parte prima)

The essay provides legal qualification for unpaid care work. Several existing legal figures are examined, to see whether and to what extent unpaid care work is covered: gift, free contracts, indirect gifts, alimony, natural obligations, services performed for solidarity, management of other people's affairs. When not falling into any of these figure, unpaid care work is not due, so its performance raises the obligation to repay its value to the caregiver, pursuant to art. 2041 of the Civil Code. Such obligation arises upon the person cared for and is transmitted mortis causa to his/her heirs, possibly including the caregiver him/herself. Lastly, some interferences between law of restitution and law of succession are examined, as well as the legal instruments, available to the person cared for, to perform a post mortem restitution.