The Missing Concept of Cohabitation of the Couples of the Opposite-sex in de facto Unions in the Czech Civil Code

KRÁLÍČKOVÁ, Zdeňka. The Missing Concept of Cohabitation of the Couples of the Opposite-sex in de facto Unions in the Czech Civil Code. Online. In Michal Janovec, Jan Malý, Josef Šíp, Jakub Pohl, Marika Zahradníčková (eds.). COFOLA 2021. 1st ed. Brno: MU, 2021, p. 53-66. ISBN 978-80-210-9981-4. Available from: https://dx.doi.org/10.5817/CZ.MUNI.P210-9981-2021.

Basic information

• Original name: The Missing Concept of Cohabitation of the Couples of the Opposite-sex in de facto Unions in the Czech Civil Code
• Authors: KRÁLÍČKOVÁ, Zdeňka.
• Edition: 1. vyd. Brno, COFOLA 2021, p. 53-66, 14 pp. 2021.
• Publisher: MU

Other information

• Original language: English
• Type of outcome: Proceedings paper
• Field of Study: 50500 5.5 Law
• Country of publisher: Czech Republic
• Confidentiality degree: is not subject to a state or trade secret
• Publication form: electronic version available online
• Organization unit: Faculty of Law
• ISBN: 978-80-210-9981-4
• Doi: http://dx.doi.org/10.5817/CZ.MUNI.P210-9981-2021
• Keywords (in Czech): nesezdané soužití - práva a povinnosti - občanský zákoník - rodinné právo
• Keywords in English: cohabitation - rights and duties - civil code - family law
• Tags: International impact, Reviewed

Abstract

The chapte deals with couples in de facto unions, especially the ones formed by a man and a woman. It seeks to define cohabitation and differentiate the rights and duties of cohabitees from the ones connected with the status relations between both the opposite sex couples (marriage) and the same-sex couples (registered partnership). As there are seldom any kinds of agreements between cohabitees, special attention is devoted to the relevant legal rules in all the Books of the Czech Civil Code and their applicability to cohabitees during their relationship and after the break-up 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 of non-married mothers and non-married fathers towards the children. 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.