In de facto couples, however, there is no matrimonial regime of the kind governed by the Civil Code. However, the life partner of the surviving unmarried couple is subject to the following conditions for receiving the widow`s pension: In the case of the de facto couple, there is no implicit or explicit economic settlement between the couple and Aware that community of property is not applied on a subsidiary basis as in marriage, Once the cohabitation of the de facto couple has ended, each member must exercise his rights over each of the property, of which the common patrimony is constituted, in a particular way. In order for all the aspects described above to be applicable to de facto Catalan couples, they must be registered in the corresponding register of de facto connections, so that those who are not registered are ©subject to the provisions of the previous sections. The tenancy law was the first law in ± Spain to equate heterosexual couples with homosexuals in terms of surrogacy rights in leases. However, as regards the relationship between ± partners, the legal system, and in particular the Civil Code, does not provide for the possibility of judicial determination of maintenance in favour of one of the partners after the breakdown of the cohabitation. However, the couples themselves may, in a public or private document, agree on the establishment of this maintenance with effect for the duration of the cohabitation and that it will be maintained thereafter©, its amount, etc. The member of the couple who made a major contribution to the purchase of the house, if the house is carried by the two co-occupants in undivided halves, receives a credit note against the other partner, who can make a legal claim. Finally, it will be necessary to comply with the provisions of collective agreements applicable to the employment relationship, but members of a common-law couple will not normally be entitled to compensation in the event of death from an accident at work or an occupational disease of their ± partner. Our legal system understands de facto partnership as the stable bond of cohabitation between two persons not bound by marriage. The de facto couple and marriage are figures that, although they have important differences, also share similarities. The effects of registration demonstrate, where applicable, the existence of the de facto couple, the beginning of their cohabitation, their economic installation©and acceptance of the rules of the register and the effects it recognises on that registration. De facto couple means a stable union between two persons who can prove that they have legally lived together for one of the autonomous communities in which they reside, or the existence of common children, some of these autonomous rules derogating from the requirement of coexistence.
Proof of this is the signing of a private or public contract before a notary, in which the link is reflected. Additional proof may be registration in a register of common-law couples, which is not always mandatory for the valid constitution of the couple. The regulation of de facto partnerships and civil partnership contracts has a number of common features in regional legislation, which can be summarized as follows: the synonyms for the term “unmarried couple” are the terms© “paramarian union” and “cohabitation plus uxorio”. Therefore, for the formalization of a de facto partnership, it is necessary to take into account the residence legislation. Civil partnerships do not enjoy the same legal protection as a married couple. But unfortunately, this is usually discovered when the break arrives and with some problems, it is already late. This also©applies to same-sex couples and affects the children of one of the life partners. – Law 1/2001, of 6 April, regulating de facto trade unions, Valencia. However, one member of the unmarried couple may, with their children (if applicable), form a family unit and pay taxes together, without the other member having to present them individually.
– Regional Law 6/2000 of 3 July 2000 on the Legal Equality of Stable Couples, Navarra. The covenant does not necessarily have to be in writing, as it allows for the proof of tacit acts before the courts. The judgments of 21 October 1992, 27. May 1998 and 22 January 2001 recognize the existence of a community of property by proving facts and clues that take place during cohabitation, such as the continuous and permanent contribution of the profits of the business or one`s own work to a joint account. At the state level, there is no law regulating domestic partnerships. In these cases, for property registered only in the name of one member of the common-law couple (a car, a house, etc.), it is customary for the member who is not acting as the owner to take legal action against the other at the end of the term to be recognized as a co-owner or the right to credit the payment he or she made throughout the cohabitation. This means showing that the relationship existed, that their form of action was that of marriage, that the acquisition, enjoyment and disposition of these assets were also common, or that there was an intention to make them jointly. A common-law couple is a legal union that is different from marriage between two people who have a stable relationship and cohabitation. Members of a civil partnership may liquidate their economic system©by mutual agreement or in a contested manner, as in the case of conjugal partnerships.
While the laws provide© for a series of specific judicial procedures for cases of disagreement or breakdown of marriage, aimed at regulating both the personal and economic relations of children among themselves and with regard to children, this does not happen with de facto couples: there is no specific judicial procedure that takes these situations into account. You can also agree on the same points if the de facto pair is already broken. For the first time and with regard to subrogation in the lease, in ± Spain, marriage rights and the rights of heterosexual and homosexual couples are treated equally. I will refer in this article to unmarried couples who are both registered and not registered in a public registry.
Recent Comments