Journal Article

Regulation of unmarried cohabitation in west-European jurisdictions - determinants of legal policy

D Bradley

in International Journal of Law, Policy and the Family

Volume 15, issue 1, pages 22-50
Published in print April 2001 | ISSN: 1360-9939
Published online April 2001 | e-ISSN: 1464-3707 | DOI: http://dx.doi.org/10.1093/lawfam/15.1.22
Regulation of unmarried cohabitation in west-European jurisdictions - determinants of legal policy

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This article examines the development of statutory regulation of extra-marital cohabitation. It focuses on the private law status of heterosexual relationships in particular West-European countries, although links with same-sex partnerships and comparisons between common law jurisdictions necessitate somewhat broader treatment. The objective is to analyse determinants of legislation, rather than provide a comprehensive account of West-European cohabitation laws. Demographic trends, legal tradition and family ideology provide inadequate explanations for responses in this area. A comparison of the Dutch registered partnership model and French PACS establishes the influence of political culture on legislation and provides a basis for analysis of the future development of legal policy.

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Subjects: Family Law ; Marriage and the Family

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