Ανύπαντρα ζευγάρια -- Νομικό καθεστώς, νόμοι κλπ. -- Ελλάδα Ανύπαντρα ζευγάρια -- Νομικό καθεστώς, νόμοι κλπ. -- Ευρωπαϊκή Ένωση, Χώρες της Unmarried couples -- Legal status, laws, etc. -- Greece Unmarried couples -- Legal status, laws, etc. -- European Union countries
Ημερομηνία Έκδοσης:
2008
Εκδότης:
Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
Abstract:
Cohabitation by definition is "two unmarried people of the opposite-sex living together." An alternative definition is "two roommates who are romantic partners and share living space and all the responsibilities that go with it - without a formal, legal commitment." It has been called by various terms, such as "living together," “free unions”, “civil unions”. It is a halfway house for people who do not want the degree of personal and social commitment that marriage represents.The level of commitment in the relationship between married couples is higher than that of cohabitants, and the law must reflect these differences. Furthermore, cohabitation and the absence of a formal marriage may sometimes reflect the actual rejection of marriage laws. In that case, laws relating to marriage actually do not respect the choices of the cohabitants. But, what criteria should be used to determine the appropriate components of marriage law to apply to cohabitants? An answer to this question is hard to get in Greece because of the absence of special legislation of cohabitation.For this reason, the present study focuses mainly on the confrontation of cohabitation by Greek legal theory and jurisprudence. A determination of significance, a short historical retrospection and the reasons of appearance of cohabitation were initially considered necessary. Cohabitation’s place in the Greek legal order in combination with the provisions of Constitution is being examined next, as well as the content of virtuous morals in the past and at present time together with the provisions of Urban Code (Chapter A).Moreover, due to lack of special legislative regulation of cohabitation in Greece, the jurisprudence of Greek Courts and the formulated opinions of legal theory are also cited (Chapter A).Furthermore, a report is made on a) the law of the European Community and the jurisprudence of the European Court of Justice and Court of First Instance (Chapter B), b) the enforcement of the European Convention Human Rights regarding cohabitation and the corresponding jurisprudence of the European Court on Human Rights (Chapter C). Finally, a comparative review is cited about legislation in other European states (Chapter D).
Περιγραφή:
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικάιου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", Κατεύθυνση Δημοσίου Δικαίου, 2008
