Publication details
On Couples in De Facto Unions in the Czech Repulic
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| Year of publication | 2022 |
| Type | Chapter of a book |
| MU Faculty or unit | |
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| Description | The paper deals with couples in de facto unions, especially ones formed by a man and a woman. It seeks to differentiate the rights and duties of cohabitees from the ones connected with the status relations between opposite-sex couples in marriage and same-sex couples in a registered partnership. As there are seldom any agreements between cohabitees, special attention is devoted to the relevant legal rules anchored in all the Books of the Czech Civil Code and their applicability to cohabitees during their relationship and after the break-up of cohabitation 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 between non-married mothers and non-married fathers towards the children. They both are the holders of parental responsibility. 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. However, the protection standard of so-called weaker parties in de facto unions is much lower than that extended to married couples and registered partners. |