Cohabitation: Social Changes vs. Protection of Vulnerable Party
Family Law and Family Justice in the 21st Century: Practice and Reform (2016)
21 Pages Posted: 21 Nov 2015 Last revised: 11 Feb 2017
Date Written: November 20, 2015
This is the conference paper presented to the International Society of Family Law at the 2015 Chongqing Regional Conference in China. It examines the regulation of cohabitation around the world, identifying three models: legal systems providing minimum regulation in the event that a cohabitation ends, legal systems giving the judge wide leeway to protect the ‘vulnerable party,’ and legal systems providing permanent cohabitation with equal status to marriage with regard to property relations. This analysis includes a detailed discussion of the current legal framework on cohabitation in Poland and similar countries where there is an absence of regulations concerning permanent cohabitation, which may harm vulnerable cohabitants. This paper offers legal reforms aimed to protect such vulnerable cohabitants.
Keywords: family law, domestic relations, cohabitation
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