Publication details

The Missing Concept of Cohabitation of the Couples of the Opposite-sex in de facto Unions in the Czech Civil Code

Authors

KRÁLÍČKOVÁ Zdeňka

Year of publication 2021
Type Article in Proceedings
Conference COFOLA 2021
MU Faculty or unit

Faculty of Law

Citation
Doi http://dx.doi.org/10.5817/CZ.MUNI.P210-9981-2021
Keywords cohabitation - rights and duties - civil code - family law
Description The chapte deals with couples in de facto unions, especially the ones formed by a man and a woman. It seeks to define cohabitation and differentiate the rights and duties of cohabitees from the ones connected with the status relations between both the opposite sex couples (marriage) and the same-sex couples (registered partnership). As there are seldom any kinds of agreements between cohabitees, special attention is devoted to the relevant legal rules in all the Books of the Czech Civil Code and their applicability to cohabitees during their relationship and after the break-up or upon the death of one of them. It is stressed that there is no difference between children born out of wedlock and within marriage. Once parenthood is legally established, there is no discrimination of non-married mothers and non-married fathers towards the children. And besides, there are special provisions that protect the weaker party: property claims of the non-married mother from the child´s father for a reasonable time and within adequate limits.

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