Journal Article

Does Portugal need to legislate on <i>de facto</i> unions?

HE Hörster

in International Journal of Law, Policy and the Family

Volume 13, issue 3, pages 274-279
Published in print December 1999 | ISSN: 1360-9939
Published online December 1999 | e-ISSN: 1464-3707 | DOI: https://dx.doi.org/10.1093/lawfam/13.3.274
Does Portugal need to legislate on de facto unions?

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The Portuguese legislature has been actively debating the introduction of a legal framework for cohabitations or de facto unions. This paper questions the assimilation of these voluntary relationships to a marriage-like regime, arguing that the Civil Code already provides adequate solutions to the legal problems which can arise in relation to them. The only basis on which regulation may be justified is that of protecting the interests of children: otherwise lawmakers should refrain from intervening in people's chosen living arrangements, even if hard cases arise.

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Subjects: Family Law ; Marriage and the Family

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