Civil Code Book II Title IV Chapter 8. Irregular unions

Chapter 8. Irregular unions

Art. 709.- Explanation.

 

(1)    It is necessary and sufficient in order to have an irregular union that the behavior of the man and of the woman be analogous to that of married people.

(2)    They need not represent themselves to third parties as being married.

(3)    The mere fact that a man and a woman keep up sexual relations between hem, even if repeatedly and notoriously, is not sufficient, by itself, to constitute an irregular union between such man and woman.

 

Art. 710.- No bound of affinity created.

 

(1)    An irregular union shall not crate any bond of affinity between the man the relatives of the woman or between the woman and the relatives of the man./

(2)    The provisions concerning impediments to marriage in the case of affinity shall however apply in the case of an irregular union.

 

Art. 711.- No obligation for maintenance.

 

An irregular union shall not create any obligation to apply maintenances between the man and the woman engaged in such union.

 

Art. 712.- No community.

 

An irregular union shall not create any community of property between the man and the woman engaged in such union.

 

Art. 713.- No rights of succession.

 

An irregular union shall not create any right of succession between the man and the woman engaged in such union.

 

Art. 714.- Surety for debts of woman.

 

A man engaged in an irregular union shall stand joint and several surety of the woman, by virtue of the law, in all contracts which are concluded by the woman and which are necessary for the maintenances of the man or of the woman or of the children born of the irregular union.

 

Art. 715.- Filiation of children.

 

The filiation of the children born of an irregular union shall be established in accordance with the Chapter of this Title relating to “Filliation”.

 

Art. 716.- Termination of union – 1. By the woman.

 

(1)    A  woman engaged in an irregular union may at any time put an end to such union.

(2)    By so doing she shall not be liable for any indemnity or restitution.

 

Art. 717.- 2. By the man.

 

(1)    A man engaged in an irregular union may at any time put an end to such union.

(2)    In such a case, if equity so requires, he may be condemned by the court to pay an indemnity to the woman corresponding to the expense of the maintenance of the woman for not more than six months.

 

Art. 718. Proof of union.- 1. Principle.

 

(1)    An irregular union is proved by the possessions of status.

(2)    A man and a woman have the possession of the status of people living in an irregular union when, although they are not married, they behave as such, and when their families and their neighbors consider that the live as married people.

 

Art. 719.- 2. Proof and contestation of possession of status.

 

(1)    Possession of status shall be proved by producing reliable witnesses.

(2)    It may be contested by producing reliable witnesses.

 

Art. 720.- Act of notoriety.

 

(1)    If the possession of status is contested, the existence of an irregular union shall be proved by an act of notoriety approved by the court.

(2)    The provisions of Art. 702-706 of this Code shall apply to the proof of an irregular union.

 

Art. 721.- Other relations out of wedlock.

 

(1)    Relations established between a man and woman out of wedlock or out of an irregular union shall have no judicial effect attached to them.

(2)    Neither the interested persons nor third parties may avail themselves in legal proceedings of such relations for any purpose whatever.

(3)    Without  prejudice to the provisions of this Code relating to acknowledgment or adoption, children born of such relations shall have a juridical bond only with their mother.


Discover more from Ethiolex

Subscribe to get the latest posts sent to your email.

Leave a Reply

Scroll to Top

Discover more from Ethiolex

Subscribe now to keep reading and get access to the full archive.

Continue reading