Publication details
Close Persons and Household: A Path Forward or a Dead End for Family Law in Central Europe?
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| Year of publication | 2025 |
| Type | Appeared in Conference without Proceedings |
| Citation | |
| Description | Civil law in several European countries traditionally uses the concepts of “close persons” and “household members” by legislation to impose certain obligations or safeguard rights. This paper examines these concepts from a comparative perspective, focusing on Czech, Slovak, German, Austrian, and Polish law. The analysis begins by comparing the statutory and case law definitions of “close person” (osoba blízká, osoba bliska) and “household” (domácnost, domácnosť, Gemeinsamer Haushalt, Häusliche Gemeinschaft, Hausstand, mieszkanie), examining its determining criteria such as emotional ties, shared living arrangements, and economic interdependence (and its signs). Furthermore, it highlights convergence and divergence in their application to issues such as statutes of limitation, inheritance rights, and the transfer of leases in cases of death. The paper argues that while the concepts of close persons and households have gained increasing significance over the past decade—largely in response to the absence of legal frameworks for family forms beyond marriage, such as unmarried cohabitation—the broadness of these concepts may also hinder the development of a more nuanced legal approach to contemporary family structures. |
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