"De Facto Marriage" - Nature, Term, Signs, Subjects and Concept
Keywords:
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. Different interpretation of the named norm
contradicts its normative content. Nevertheless, there are frequent cases of "De facto
marriages" between men and women, which, due to the legal ignorance of its
consequences, leads to the appeal of the persons involved in the relationship to the
judiciary bodies and to the interest of researchers of the field. The purpose of the present
study is to compare the named social institution with marriage, as to the most similar
legal institution to assess and determine the legal nature of cohabitation outside of
marriage. In addition, to determine the full terminological designation of the
relationship, the socio-legal features, the characteristics of its subject and according to
all above said the concept of the relationship.
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