CZECH FAMILY LAW



                                      REGISTERED PARTNERSHIP

THE NATURE OF REGISTERED PARTNERSHIP

Act No. 115/2006 Coll.

n  „act on registration“

n   not „act on rights and duties of partners“



   ►since 1. 7. 2006



n  permanent cohabitation of two persons of the same sex

n  not a marriage

n  not allowed for a man and a woman





IMPEDIMENTS TO PARTNERSHIP

n  INFANCY (under 18 years)

n  BIGAMY - POLYGAMY – MARRIAGE - REGISTERED PARTNERSHIP

n  BLOOD AND ADOPTIVE RELATIONSHIP

    (siblings, ascendents – descendents)

n  MENTAL ILLNESS AND INCAPACITY

n  FOREIGNERS (ONE MUST BE A CZECH CITIZEN)





CONCLUSION OF PARTNERSHIP
mutual consent

n  ONLY CIVIL CONCLUSION



n before some special municipality authorised to keep registers

PERSONAL RIGHTS AND DUTIES OF PARTNERS

n  EQUALITY



n  NO to live together, to be faithful to each other, to mutually respect their honour and human
dignity, to help each other and no duty to create healthy living environment and background



n  to represent each other



n  NO to adopt a child together, NO to be a foster parents or guardiens together

 PARTNERS PROPERTY LAW

n  NO JOINT PROPERTY OF SPOUSES

n  NO COMMUNITY OF PROPERTY

n  only OWNERSHIP WITH SHARES TOWARDS  THINGS (CC)



n  MAINTENANCE DUTY

DISSOLUTION
OF PARTNERSHIP

n  ONE GROUND:

n   no existence of  partnership de facto



n  NO SPECIAL PROCEEDINGS:

n   on the motion of one of partners

n   plaintiff  x  accused

TWO WAYS TO DISSOLUTION OF PARTNERSHIP

n  PROOF OF BREAKDOWN



    - duty of a plaintiff











n  PRESUMPTION OF „NO EXISTENCE OF PARTNERSHIP“



- „agreement“ of both

  partners

COHABITATION

NATURE OF COHABITATION

de facto relationship



PERSONAL RIGHTS AND DUTIES OF COHABITEES

n  EQUALITY  (Constitution)



n  NO to live together, to be faithful to each other, to mutually respect their honour and human
dignity, to help each other and no duty to create healthy living environment and background



n  NO to represent each other



n  NO to adopt a child together, NO to be a foster parents or guardiens together

   PROPERTY ASPECTS OF COHABITATION

n  NO JOINT PROPERTY OF SPOUSES

n  NO COMMUNITY OF PROPERTY

n  only OWNERSHIP WITH SHARES TOWARDS  THINGS (CC)



n  NO MAINTENANCE DUTY



     ► only rights and duties according to contracts/agreements –

         (inominat) - seldom happen

     ► property protection of unmarried mother or pregnant woman

          (LIMITED MAINTENACE  etc.  - AF: § 95/1 and § 95/2)