Property Rights and Duties of De Facto Spouses
DOI:
https://doi.org/10.48614/jlaw.2.2020.37-52Keywords:
De facto spouses, de facto family cohabitation outside of marriage, property rights and obligations, expenses incurred during the cohabitation, property acquired during the cohabitation, use of each other's property by de facto spouses, use of housing, legal basis for receiving material support, inheritance.Abstract
According to the Article 1151 of the Civil Code of Georgia, the personal and property rights and duties of spouses arise only from a marriage registered in accordance with the legislation of Georgia. Nevertheless, there are frequent cases of de facto family cohabitation outside of marriage between men and women, which, due to the legal ignorance of its consequences, usually causes damage to the property interests of the parties to the relationship. The purpose of the present study is to identify and legally assess the problematic aspects of the property rights and duties of de facto spouses. In particular: the social/legal nature of expenses incurred during the de facto family cohabitation outside of marriage; Issues related to determination of ownership regime of the property acquired during the de facto relationship; Problems arising from de facto spouses' use of each other's property; Legal basis for material support of the parties from each other and inheritance tendencies.
References
European Convention on Human Rights, 4/11/1950.
Constitution of Georgia, the Georgian Parliamentary Gazette, 31-33, 24/08/1995.
Law of Georgia “On State Compensation and State Academic Stipends”, LHG, 56, 28/12/2005.
Family Code of Albania, 8/05/2003.
Swedish Cohabitees Act (2003:376).
Family Code of Ukraine, 10/01/2002.7. Civil Code of Georgia, the Parliamentary gazette, 31, 24/07/1997.
Greek Civil Code, 24/10/1984.
Property (Relationships) Act 1976 of New Zeland, 14/12/1976.
Civil Code of Italy, 16/03/1942.
Civil Code of Dutch, 1/10/1838.
Civil Code of France, 21/03/1804.
Abramishvili L., Gugava A., Unregistered Marriage and its Legal Regulation, “Justice and Law", № 3 (63), 2019, Fields: 8, 10 (in Georgian).
Baghishvili E., Commentary of the CCG, Book III, Tbilisi, 2019, Article 328, Field 3 (in Georgian).
Belov V.A., Civil Law, Special Part, Vol. III, Absolute Civil Legal Forms, Moscow, 2013, 233-237 (in Russian).
Chikvashvili Sh., Family Law, Tbilisi, 2004, 26 (in Georgian).
Koele I., Property Rights of Unmarried Cohabitants in the Netherlands, Trusts & Trustees, Vol. 24, №1, February 2018, 117-119.
Lomtatidze E., Constitution of Georgia and Freedom: Freedom from the State or Freedom in Society ?, The Constitution of Georgia 20 Years Later, Tbilisi, 2016, 175, 179, 181 (in Georgian).
McCaffrey C.S., The Property Rights of Unmarried Cohabitants in the USA, Trusts & Trustees, Vol. 24, №1, February 2018, 101, 103-105.
Nachkebia A., Definitions of Civil Law Norms in the Practice of the Supreme Court (2000-2014), Tbilisi, 2015, Case №As-711-666-2010 (in Georgian).
Panforti M.D., Informal Relationships, National Report: Italy, Sections: 47, 49.
Schwenzer I., Keller T., Informal Relationships, National Report: Switzerland, February 2015, Section 3.
Shengelia R., Commentary on the CCG, Book Four, Vol.1, Tbilisi, 2001, Article 525, 70-71 (in Georgian).
Solot D., Miller M., Unmarried to Each Other, NY, 2002, 134-135.
Totladze L., Commentary of the CCG, Book II, Tbilisi, 2018, Article 155, Fields: 8, 9 (in Georgian).
Verschraegen B. (ed.), Family Finances, Vienna, 2009, 293-296, 298-302, 329, 360-361, 364-365,
Harvard Law Review Association, Property Rights Upon Termination of Unmarried Cohabitation: Marvin v. Marvin, Vol. 90, №8 (Jun., 1977), 1708-1709, http://www.jstor.org/stable/1340491 [07.04.2020].
Oleksandr Volkov v. Ukraine, [2013], ECHR, 165-167.
Şerife Yiğit v. Turkey [2010], [GC], ECHR, 97-98, 102.
Pretty v. the United Kingdom, [2002], ECHR, 61, 67.
Niemietz v. Germany, [1992], ECHR, 29.
Johnston and Others v. Ireland, [1986], ECHR, 56.
The Ruling of November 22, 2019 of the Chamber of Civil Cases of the Supreme Court of Georgia on the case №ას-1153-2019, 21, 15.13.
The Judgement of October 24, 2019 of the Chamber of Civil Cases of the Supreme Court of Georgia on the case №As-205-2019, 15-16.35. The Ruling of February 8, 2019 of the Chamber of Civil Cases of the Supreme Court of Georgia on the case №As-1251-2018, 19.
The Ruling of May 15, 2008 of the Chamber of Civil, Entrepreneurial and Bankruptcy Cases of the Supreme Court of Georgia on the Case №As-968-1269-07, Motivational Part.
The Ruling of October 25, 2002 of the Chamber of Civil, Entrepreneurial and Bankruptcy Cases of the Supreme Court of Georgia on the case 3K-731-02, motivational part.
The Judgment №2/1/572 of the Constitutional Court of Georgia of July 31, 2015 on the case “The Public Defender of Georgia v. The Parliament of Georgia”, II, 11.
The Judgment №2/4/532,533 of the Constitutional Court of Georgia of October 8, 2014 on the case “Citizens of Georgia – Irakli Kemoklidze and Davit Kharadze v. The Parliament of Georgia", II, 3, 5.
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
