Greece New Cohabitation Law

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Greece New Cohabitation Law

Post by Penelope on Tue Mar 24, 2009 11:42 am

Greek law 3719/2008 on cohabitation between of different sex.

The first 13 articles of Law 3719 of 26.11.2008 on “Reform on the law relating to the family, the child, the society and other provisions” concern the cohabitation between persons of different sex. It is the first time that cohabitation has been regulated in Greece. The main provisions of the abovementioned law are the following:

1. The conclusion of the cohabitation agreement
A necessary prerequisite for the conclusion of a cohabitation contract is that both parties are fully capable of concluding juridical acts.
Cohabitation contracts are concluded in the form of a notarial deed. This agreement shall enter into force as soon as a copy of the contract is submitted to the registry of the place of residence. This document is filed in a special archive.

2. Termination of the cohabitation agreement
The contract of cohabitation may be terminated consensually, provided that the agreement on the termination is concluded in the form of a notarial deed. The termination may also be unilateral, in which case the will of the party to dissolve the cohabitation must be notified to the other party by a bailiff. The agreement of the termination of the cohabitation contract or the unilateral declaration of the one the parties is filed in the same special archive, where the conclusion of the contract was registered.
Finally, the contract of cohabitation is terminated de jure as soon as the cohabitants marry each other or one of the cohabitants marries a third person.

3. The cohabitants’ surname
The agreement of cohabitation does not bring about the change of the surname of any of the cohabitants. In social contacts each contracting party may use the surname of the other cohabitant, or add it to the surname to his own, provided the latter consents to this.

4. Property relations
The law provides that the cohabitants may regulate in the cohabitation contract their property relations. In case they have not entered such an agreement, after the termination of cohabitation, each partner may claim the increase of the assets of the other party to the extent he has contributed to it. The burden of proof of the contribution of the one cohabitant in the increase of the assets of the other lies with the claimant.

5. Maintenance after the termination of the contract
The contract of cohabitation may include an agreement by which one or both of the cohabitants assume the obligation to maintain the other one after the termination of the contract, in the case his/her inability to maintain himself/herself from his own income or property.

6. Succession rights
If the cohabitation contract is dissolved because of the death of one of the parties, the surviving cohabitant is called as an heir in intestacy. The surviving cohabitant has also right to a forced share in the estate. The forced share is ˝ of the intestate succession share.

7. Rights of children born during cohabitation
Children born during the cohabitation have all the rights, hereditary and otherwise, of children born to married parents.

Penelope Agallopoulou

Penelope
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