PL EN


2014 | 13 | 2 | 317-334
Article title

Adopcja prosta – kontrowersyjny sposób na stworzenie więzi prawnej między konkubentami. Analiza prawa francuskiego

Content
Title variants
EN
Simple adoption – a controversial way to create a legal relationship between cohabitants. An analysis of French law
Languages of publication
PL
Abstracts
EN
In spite of a legal definition of cohabitation, the French legislator did not regulate either personal or property relationships between cohabitants. Cohabitation remains a purely factual situation and in light of law, cohabitants are strangers to each other. There are no formal ties between the cohabitants that affects their property relations. Despite the rejection of a formalized union such as marriage or PACS (Pacte Civil de So- lidarite´, Civil Pact of Solidarity), some cohabitants want to create a legal dimension to their relationship, very often for reasons of property and inheritance. This has led to controversial attempts to use simple adoption between cohabitants. Therefore, French courts had to settle whether such a solution is possible. Unanimo- usly and firmly, French authors and jurisprudence accept the view that simple adoption between cohabitants is unacceptable. This institution cannot be used to legitimize coha- bitation because it would be contrary to its primary purpose, which is to create a legal relationship imitating a parental bond. It is also impossible to use simple adoption by cohabitants to regulate their property relations. In both cases we would be dealing with the distortion of the institution of simple adoption.
Year
Volume
13
Issue
2
Pages
317-334
Physical description
Dates
published
2014-01-01
Contributors
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.ojs-issn-1732-9132-year-2014-volume-13-issue-2-article-211
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