Publication details

Nesezdané soužití – přehlížená sociální realita?

Title in English Unmarried Cohabitation - An Overlooked Social Reality?
Authors

STRAKA Lucie

Year of publication 2024
Type Article in Proceedings
Conference Konference Cofola 2024
Citation
Keywords De facto unions, gender equality, parentage, protection of the weaker party, autonomy of will, inheritance, social security, maintenance
Description The contribution deals with the issue of legal regulation of de facto unions in connecti-on with the family matters like parenthood and gender division of roles in the family. The phenomenon of de facto unions and extramarital fertility is one of the most signifi-cant demographic trends with important social impacts. This trend is also observed in the Czech Republic, where the number of de facto unions has doubled since the turn of the millennium. Furthermore, half of the children are born out of wedlock currently. Question related to the mentioned phenomenon is the families functioning, especially regarding childcare, housekeeping, and parents' employment. In the Czech Republic, the prevailing social reality is that the childcare and housekeeping is provided by a woman, who thus gives up other work. It is therefore typical for a woman's career to be interrupted. However, a parent who curtails working hours in favour of childcare and housekeeping finds himself in an economically vulnerable position. In the case of a married couple, these inequalities are balanced by the rights and obligations attached to marriage. These provide economic protection to the weaker party. In the case of de facto union, such protection is completely absent. This absence has consequences in several areas, such as property ownership, family income management, inheritance, the area of social security and some others. Mentioned social changes have not yet be-en reflected by law, and it is appropriate to ask, is it time to stop ignoring them?
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