The legal effects of concubinage as an alternative to
marriage in the twenty-first century
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Wyższa Szkoła Gospodarki Euroregionalnej
im. Alcide De Gasperi w Józefowie
Publication date: 2018-01-25
JoMS 2014;20(1):431-446
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ABSTRACT
Nowadays, growing problem is the greater amount of concubinage.
Should consider this as a problem for this reason that these compounds
are legal, although not as stable as marriages, moreover not provide family
security in the highest degree. In Polish law there is no law on concubinage
and the current legislation doesn’t have this concept. Often can be found
stating that Polish law disqualifies persons in informal relationships, and
the best solution would be the adoption of the Law on concubinage. In this
paper, the author demonstrates that the law does not ignore completely
the above-mentioned persons and refers to them by the use of terms such
as “person close up” or “closest person”. There is a noticeable change in
the law in the direction of opening up the compounds include informal
through the introduction of the above terms.
The literature indicates that concubinage and cohabitation are not
identical concepts, for the purpose of work (the purpose of which is to
show the legal effects of compounds other than the permanent marriage),
however, the author agrees with the position that commonly these terms
can be used interchangeably. Due to the inability to identify all existing legal
consequences of cohabitation, reference is made only to some of them,
to demonstrate that such compounds are not overlooked by law.
The analysis discussed issues proved to be helpful not only literature
and case law, but also statistics showing, among others, the difference in
the number of people staying in cohabitation in 2002 and 2011.