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THE SYSTEM OF PROPERTY RIGHTS IN FRENCH CIVIL PACT OF SOLIDARITY (PACS) AGAINST THE COMPARATIVE BACKGROUND (Ustrój majatkowy w ramach francuskiego cywilnego paktu solidarnosci (PACS) na tle prawnoporównawczym)

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Twardoch P. K.

Kwartalnik Prawa Prywatnego

2010

vol. 19

issue 1

69-130

There are two groups of legal dispositions concerning the property regime of civil pact of solidarity [PACS] - the form of extra-marital union created in France. The first group was formulated in the Law of the 15th November, 1999 and refers to PACS concluded before the 1st January, 2007, unless the partners decided, by force of their declarations of will, to submit to the new rules. The last were introduced by the Law of the 23rd June, 2006 and are binding ipso iure to the couples who have registered their unions since the 1st January, 2007. This is the other group of dispositions mentioned above. The legal property regime set up by the Law of the 15th November, 1999 is based on two presumptions of community of goods. The first one concerns household facilities and can be withdrawn by the partners in the contract establishing PACS. The second presumption concerns other goods and can be withdrawn under appropriate clauses only, included in the acquisition deed or one obliging to acquisition. According to the new law, the separation of estates is the legal property regime of partners. However, they can establish the community of goods by virtue of initial or amending contract. Resolutions resembling the model of property relations introduced in France were adopted in Belgium and in Luxembourg. There is a vital difference in the Swiss law: although the legal property regime of registered partners also consists in separation of goods, nevertheless, contrary to the regulations of the countries mentioned above, the contractual clauses cannot be decisive on property relationships existing between partners during their registered union.

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1 Kwartalnik Prawa Prywatnego

1 2010

1 Twardoch P. K.

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THE SYSTEM OF PROPERTY RIGHTS IN FRENCH CIVIL PACT OF SOLIDARITY (PACS) AGAINST THE COMPARATIVE BACKGROUND (Ustrój majatkowy w ramach francuskiego cywilnego paktu solidarnosci (PACS) na tle prawnoporównawczym)