This de facto union obviously implies a common life, as a couple, stable and continuous. The two adults, who are of age, may be of the same or different sex. No commitment governs concubinage. Its constitution is lawful if the union is not adulterous. In this case, the couple violates the duty of loyalty.
In their life together, cohabitants are not obliged to be faithful. They are not required to attend, but they can access medically assisted procreation after being united for two years. They cannot adopt. From AG Law you can get the right Legal support for the same now.
A mention on matrimonial regimes
Before getting married, the spouses must choose their matrimonial regime. Their choice will be made official at the wedding. The matrimonial regime establishes the patrimonial rules of the couple, rules which will apply during the life together, but also after.
Three matrimonial regimes are granted by law:
- That of the universal community where all the goods of both parties are pooled
- The system of separation of property which distinguishes the patrimonies of both parties.
- That of the community reduced to acquits where all the property acquired during the life together are common goods to both parties, but those acquired before marriage remain property of each.
The right of children and the duties of parents
It is up to parents to maintain and raise their children together. Not only is this principle a matter of natural law, but it is stipulated in the United Nations Convention on the Rights of the Child. In addition, these obligations are still valid for fathers and mothers even if they have lost their parental authority. While parents must feed their child, educate him and provide all that is necessary for his development, but this does not extend to his professional installation or his family facility. Different issues can be addressed in the right of the child.
The rules of filiation
The filiation must be proved by the birth certificate, the act of recognition and the act of notoriety. The law also takes into account the presumption of paternity. The birth certificate establishes the child’s declaration of birth, which must be made within three days of birth. The one who is supposed to declare it is the father. If this is not possible, the institution that has welcomed the mother to give birth can do so. The act of recognition, mixed, reflects the parents’ desire to recognize their offspring. Lastly, the act of notoriety which recognizes the possession of state which, since 2005, no longer concerns only legitimate filiation, but also includes natural affiliation.
Rules that govern adoption
Adoption is a legal form of filiation that does not introduce any biological data. She is fictional. It is the result of an act of will. It can be simple or plenary. Simple adoption maintains links with the biological family. Plenary adoption does not maintain these links. It can be individual or conjugal. In this case, the adopter must be 28 years of age or older. If he is married, the authorization of the spouse is required. Regarding the adoptee, he must be a child without family or abandoned. In full adoption, he must be at least 15 years old.