Paramatrimonial unions : a family law perspective

Abstract

The paramatrimonial union, understood as a cohabiting unity alternative to marriage, constitutes a social reality as old as marriage itself However, from a historical outlook, the mere cohabitation more uxorio remained juridically unrecognised, and was prohibited and persecuted in various eras, where not only the parties to this union were ostracised, but even their descendants were systematically discriminated. However, passing on to more contemporaneous history, the secularisation process and the consequent mutation of social values .have substantially modified the state of things on this matter. The express and extensive recognition of the fundamental rights and freedoms of the individual, found today in innumerable international legal texts and democratic constitutions, does not only imply the legitimacy of paramatrimonial unions, but it also appeals for the recognition of the paramatrimonial union as a family union and the consequent juridical protection that it deserves. In this dissertation, I do not intend to deal with the causes or motives why paramatrimonial unions exist. The aim of this thesis is to deal with the consequences of the actions which can be brought in front of our courts and tribunals to defend the rights which could correspond to each of the members of the unmarried couple in respect of each other, and of the children in respect of their parents. The central purposes of this thesis are to analyse the present laws promulgated abroad which regulate the relationship of the paramatrimonial union,to identify any uncertainties, to list the options for a desirable legal policy and to suggest what may be the best of these options.