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Journal articles on the topic 'Cohabitation - Law'

Author: Grafiati

Published: 25 May 2024

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1

Wudarski, Arkadiusz. "The concept of de facto relationships in Poland." Studia Universitatis Moldaviae. Seria Stiinte Sociale, no. 3 (June 2023): 70–75. http://dx.doi.org/10.59295/sum3(163)2023_08.

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This article is the first in a series of articles dedicated to de facto relationships, i.e. cohabitation, in Poland. Traditionally, cohabitation has been defined in Poland in opposition to marriage, and means a long-term relationship between a man and a woman who are living together outside a formal marriage. Cohabitation is widespread in Poland and is accepted by the great majority of citizens. At the same time, currently, there are no legislative proposals aimed at regulating in a comprehensive manner cohabitation, and it seems unlikely that this will change in the near future. Attempts to create a legal framework for cohabiting persons have, to a modest extent, and limited to selected aspects of civil law, been undertaken in the past. Looking to the future, then, we can expect to see a continuation of the past pattern of uncoordinated, scattered legislation. The concept of cohabitation will likely be introduced into various legal acts, and thus, indirectly, cohabitations will be partially integrated into the Polish legal system.

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2

Seff, Monica A. "Cohabitation and the Law." Marriage & Family Review 21, no. 3-4 (July 12, 1995): 141–68. http://dx.doi.org/10.1300/j002v21n03_08.

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3

Bouchard, Geneviéve. "Cohabitation versus Marriage." Journal of Divorce & Remarriage 46, no. 1-2 (August 31, 2006): 107–17. http://dx.doi.org/10.1300/j087v46n01_06.

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4

Leckey, Robert. "Cohabitation, Law Reform, and the Litigants." International Journal of Law, Policy and the Family 31, no. 2 (May 22, 2017): 131–46. http://dx.doi.org/10.1093/lawfam/ebx002.

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5

Wong, Simone. "Cohabitation and the Law Commission’s Project." Feminist Legal Studies 14, no. 2 (August 25, 2006): 145–66. http://dx.doi.org/10.1007/s10691-006-9025-y.

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6

Barlow, Anne. "Cohabitation Law Reform – Messages From Research." Feminist Legal Studies 14, no. 2 (September 9, 2006): 167–80. http://dx.doi.org/10.1007/s10691-006-9026-x.

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7

Leckey, Robert. "Cohabitation and Comparative Method." Modern Law Review 72, no. 1 (January 2009): 48–72. http://dx.doi.org/10.1111/j.1468-2230.2009.00733.x.

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8

Kabza, Ewa. "Three Different Legal Attitudes Towards Non-Marital Cohabitation in Europe." Comparative Law Review 27 (December 22, 2021): 255–74. http://dx.doi.org/10.12775/clr.2021.010.

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The rising number of people “just living together”, people who are neither married nor in registered partnerships, clearly demonstrates that non-marital unions can no longer be ignored. To obtain an accurate picture of the situation of non-marital partners it was essential to conduct comparative research of multiple legal orders. This analysis threw a new light (at least from the Polish standpoint) on possible solutions to the problem of the regulation of legal aspects of “living together”. It appears that three different legal attitudes towards non-marital cohabitation may be distinguished in Europe. Firstly, there are legal orders in which by virtue of an explicit reference by the legislator – the regulations on marriage are applied to cohabitation (quasi-marriage cohabitation). Secondly, there also exist countries in which a law was adopted regulating selected aspects of actual cohabitation (implied model of cohabitation). And thirdly, there are legal orders in which any cohabitant-oriented legal regime exists.

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9

Multazam, Syauqi, and M. Mujab. "Delik Samen Leven Dalam KUHP Baru Perspektif Fikih." Syariah: Journal of Fiqh Studies 1, no. 2 (December 3, 2023): 169–86. http://dx.doi.org/10.61570/syariah.v1i2.35.

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The creation of the law on the offense of the samen leven (cohabitation) in the new Criminal Code has reaped the pros and cons of society. Some support it, while others reject it on the grounds that the government is taking too much care of its citizens' privacy rights. Through this writing, the author wishes to analyze the creation of cohabitation offense laws from an Islamic perspective using a tool called fiqh. The research method used in this study was library research. The primary arguments in formulating Islamic views through this research are (1) Al-Qur'an, (2) Al-Hadith, (3) rules of jurisprudence and (4) at-turāṡ (yellow book). These primary postulates were then managed using a tafsīr (interpretation) approach to formulate the final conclusion. As a result of this research, the author found that from an Islamic perspective, the adoption of cohabitation as a law is in line with Islamic norms. However, jurisprudence does not necessarily agree with the content of articles of the law on cohabitation. Some articles are not in accordance with Islamic values. Therefore, in this case, the governent has an obligation to improve the content of the Samen Leven (cohabitation) Law.

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10

Leckey, Robert. "Cohabitation, female sacrifice, and judge-made law." Journal of Social Welfare and Family Law 41, no. 1 (December 14, 2018): 72–91. http://dx.doi.org/10.1080/09649069.2019.1554794.

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11

MÜLLER-FREIENFELS, WOLFRAM. "COHABITATION AND MARRIAGE LAW – A COMPARATIVE STUDY." "International Journal of Law, Policy and the Family" 1, no. 2 (1987): 259–94. http://dx.doi.org/10.1093/lawfam/1.2.259.

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12

Mulyana, Yusep. "THE CRIME OF LIVING TOGETHER (KUMPUL KEBO) IN LAW NUMBER 1 OF 2023 CONCERNING THE CRIMINAL CODE IN LINK WITH THE REFORM OF CRIMINAL LAW IN INDONESI." International Journal of Social Science 3, no. 2 (August 7, 2023): 259–66. http://dx.doi.org/10.53625/ijss.v3i2.6315.

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Article 412 of Law Number 1 of 2023 concerning the Criminal Code regulates cohabitation or cohabitation. It reads: any person living together as husband and wife outside of marriage shall be punished with a maximum imprisonment of six months or a maximum fine of category II. Previously, cohabitation had not been regulated and only existed in the new Criminal Code. Its presence is to absorb the social, cultural and religious realities that exist in Indonesian society. So what was possible when we were in the village, classifying living together without marriage ties as something that is, say, inappropriate or reprehensible, in the new Criminal Code is trying to criminalize it. In a number of indigenous and tribal peoples, this kind of provision actually already exists. For example, in Bali there is something called lokika sanggraha

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13

Lifshitz, Shahar. "The External Rights of Cohabiting Couples in Israel." Israel Law Review 37, no. 2-3 (2004): 346–425. http://dx.doi.org/10.1017/s0021223700012516.

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AbstractOne of the outstanding products of civil-secular law in Israel is the institution of cohabitation. In Israeli law, the term “cohabiting couples” is used to refer to couples who conduct marriage-like relationships, but who, from a legal point of view, are not given the legal status of married couples. In Israel there is a trend toward narrowing the legal gap between cohabiting couples and married couples, and broadening the conditions that confer the status of cohabite. In present-day Israeli legal discourse, support for these trends is seen as a secular, liberal and progressive stance, while opposition to them is viewed as religious, moralistic and conservative.This study aimed at enriching the public legal debate on cohabiting couples from a civil liberal point of view. In order to accomplish this task, I wish to re-examine the laws relating to cohabitation, in intention to break the conventional modes of thinking, and examine the laws dealing with cohabitation from an all-encompassing civil viewpoint, one which does not focus specifically on the unique Israeli context. Only after the more general discussion will we consider the position of Israeli law and consider the possibility of applying the general discussion to the specific Israeli context, keeping in mind the role of cohabitation in Israel as an alternative to the religious marriage. Previous projects I have conducted dealt specifically with the internal relationships including the mutual obligations between cohabitants. In this project, I wish to continue probing the Israeli family law situation but this time I wish to broaden the discussion by examining the external rights of cohabiting couples.The discussion will expose the basic flaw in the Israeli context which makes the implementation of a fundamental civil structure difficult in terms of Israeli law. I shall explain why this flaw has a more serious impact in the context of “external rights” than in the context of internal commitment issues. Therefore beyond making proposals for specific amendments in relation to existing cohabitation laws, I shall clarify why it is necessary to develop additional alternatives to marriage which can also provide an alternative to cohabitation.

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14

Krishnan, Vijaya. "Premarital Cohabitation and Marital Disruption." Journal of Divorce & Remarriage 28, no. 3-4 (June 3, 1998): 157–70. http://dx.doi.org/10.1300/j087v28n03_09.

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15

Woods, Lakeesha N., and Robert E. Emery. "The Cohabitation Effect on Divorce." Journal of Divorce & Remarriage 37, no. 3-4 (September 2002): 101–22. http://dx.doi.org/10.1300/j087v37n03_06.

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16

Goettel, Aleksy. "Concubinage in the Polish Tax Law." Contemporary Economics 15, no. 3 (September 8, 2021): 339–74. http://dx.doi.org/10.5709/ce.1897-9254.454.

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The main goal of this study is to assess whether, and if so, how the tax policy is implemented in Poland in relation to informal partnerships. The justification for conducting research in this area is the growing number of such relationships and the demands formulated by the public on the principles of taxation of cohabitants. The study analyzes not only taxes on natural persons, but also the provisions governing the principles of tax liability. The research shows that while pro-family tax policy is implemented on a fairly large scale in Poland, it does not apply to cohabitants. In principle, cohabitants do not have the right to any preferential taxation rules, above all tax reliefs and exemptions. Moreover, the analysis of the research material clearly indicates that staying in cohabitation can even aggravate the situation of a cohabitant under tax law (which can be seen perfectly well on the example of a cohabitant's liability for his partner's taxes). On the basis of a critical analysis of the Polish tax law provisions, the general thesis has been formulated that the situation of cohabitants is affected by deep asymmetry, because on the one hand the legislator uses cohabitation to improve the allocation of public revenues, but on the other hand it does not include cohabitants with pro-family tax policy (although cohabitation is very similar to marriage). The study includes certain demands on the legislator, thanks to which it is possible to cover cohabitants by pro-family tax policy.

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17

Carruthers, Janeen M. "De Facto Cohabitation: the International Private Law Dimension." Edinburgh Law Review 12, no. 1 (January 2008): 51–76. http://dx.doi.org/10.3366/e1364980908000073.

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18

Douglas, Gillian, S. Parker, and L. Stone. "Informal Marriage, Cohabitation and the Law, 1750-1989." Journal of Law and Society 18, no. 3 (1991): 374. http://dx.doi.org/10.2307/1410202.

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19

Maclean, Mavis, and Stephen Parker. "Informal Marriage, Cohabitation and the Law, 1750-1989." British Journal of Sociology 43, no. 3 (September 1992): 489. http://dx.doi.org/10.2307/591548.

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20

Artis, Julie E., and Martha A. Martinez. "Cohabitation, marriage and relationships with 'parents-in-law'." Families, Relationships and Societies 5, no. 1 (March 30, 2016): 3–22. http://dx.doi.org/10.1332/204674314x14164923149780.

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21

Gubbels, N. C. G. "Married, Unmarried Cohabitants, (Multiple) Parents and (Step) Children in Tax Law in the Netherlands and Europe." Intertax 49, Issue 5 (May 1, 2021): 408–23. http://dx.doi.org/10.54648/taxi2021040.

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Society has changed considerably over the past fifty years. Whereas before, most people got married, had several children during the marriage and divorce was still relatively rare, currently, there is much more diversity with different forms of cohabitation. Although this trend is present throughout Europe, there is a large difference in the pace and manner in which the new patterns of society are manifesting themselves there. This article indicates that the same applies to the fiscal recognition of unmarried cohabitants and stepchildren from a married couple and an unmarried couple (‘informal’ stepchildren). In the Netherlands, married and unmarried couples are now treated entirely the same for income, gift, and inheritance tax purposes. This also applies to formal and informal stepchildren. In a European context, the Netherlands is therefore leading the way in recognizing nontraditional cohabitation variants in tax legislation. With this article, the author not only discusses the tax treatment in various European countries but also the possible arguments for (not) equating them. The author hopes to contribute to the discussion of whether extra-marital cohabitation and other related relationships should be treated in the same way for tax purposes as relationships that arise through marriage. Income tax, inheritance tax, gift tax, marriage, extra-marital cohabitation, stepchild, informal stepchild, multiple parenthood, equality principle, tax partner.

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22

Clark, Brigitte, and Belinda van Heerden. "Affording post-relationship rights to unmarried intimate life partners in South Africa — A comparative analysis of the legal position." South African Law Journal 140, no. 3 (2023): 611–46. http://dx.doi.org/10.47348/salj/v140/i3a8.

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Unmarried cohabitation has become an international phenomenon. A wide diversity of legislative and judicial approaches to cohabitation exist in different jurisdictions, and there are divergent views on whether to protect either the traditional family or vulnerable partners. This debate appears to be central to how to protect vulnerable parties: countries adopt either a contractual laissez-faire approach based on the protection of marriage or a default status-based legislative cohabitation regime. After analysing the international situation, we address the need for South African law to protect life partners or those in religious marriages not yet recognised by law when the relationship is terminated by death or separation. We note that in South Africa, the choice to marry or cohabit permanently is often illusory in the context of the lives of many vulnerable partners. Recent case law has highlighted the need to encourage Parliament to pass legislation to protect such relationships. The South African Law Reform Commission has produced a Discussion Paper which inter alia provides for the recognition of certain life partnerships but still excludes myriad relationships requiring protection in this country. We argue that South African family law urgently needs to draft legislation on these relationships to reflect the lives of many vulnerable South Africans.

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23

Rémillard, Gil. "Codification et mondialisation." Les Cahiers de droit 46, no. 1-2 (April 12, 2005): 601–12. http://dx.doi.org/10.7202/043856ar.

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Le mouvement de mondialisation rapproche de plus en plus le droit civil et la common law. Plus la norme internationale se développe, plus il existe une cohabitation obligatoire dont le défi est d’être cohérent et effectif. Le Code civil du Québec est un exemple d’une codification subissant l’influence du contexte international tant par son style de rédaction que par ses références au droit comparé. Il témoigne aussi fort bien du fait que la cohabitation des deux systèmes juridiques les plus importants au monde, common law et droit civil, est non seulement possible, mais aussi très enrichissante pour la règle de droit.

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24

Kgadima, Nathaniel Phuti, and Goitseone Emelda Leburu. "Understanding the Decision-Making Process of Women to Engage in Cohabiting Relationships." International Journal of Criminology and Sociology 11 (April 7, 2022): 28–36. http://dx.doi.org/10.6000/1929-4409.2022.11.04.

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Despite the extensive literature on cohabitation, there is scant literature that explores women’s decisions to engage in cohabitation. Drawing on the theory of planned behaviour and a qualitative research approach, this article explores the decision-making processes among women to engage in cohabitation. For some women, cohabitation was preceded by a clear conversation about the intention to marry. The second group of women described cohabitation as an expression of autonomy and independence by rejecting traditionally prescribed conventions such as marriage. When the promise of marriage fails to materialise, some women become increasingly disillusioned and opt to terminate their co-residence relationships in order to negotiate marriage as an option with their partners. This article utilised purposively and snowball sampling to gather data and this was through semi-structured interviews. This data was analysed thematically, and the results show a preponderance of a desire for autonomy that is checked by the harsh persistence of disempowering narratives. Further research is needed to establish patterns of autonomy in cohabiting partners.

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25

Kwak, A. "Nonmarital cohabitation in law and public opinion in Poland." International Journal of Law, Policy and the Family 10, no. 1 (April 1, 1996): 17–26. http://dx.doi.org/10.1093/lawfam/10.1.17.

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26

Attah, M. "Extending Family Law to Non-Marital Cohabitation in Nigeria." International Journal of Law, Policy and the Family 26, no. 2 (June 26, 2012): 162–86. http://dx.doi.org/10.1093/lawfam/ebs001.

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27

Gold, Joshua M. "Common Law or Cohabitation: A Primer for Couples’ Counselors." Family Journal 27, no. 3 (April 11, 2019): 257–60. http://dx.doi.org/10.1177/1066480719843898.

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28

Kovaček-Stanić, Gordana, and Sandra Samardžić. "Marriage in Serbian law and in comparative perspective." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 2 (2020): 545–60. http://dx.doi.org/10.5937/zrpfns54-24802.

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According to the Serbian Family Act marriage is cohabitation between two persons of the opposite sex governed by the law. The same act, prescribes substantial and formal requirements for valid marriage. This paper aims to present a review of these requirements in domestic and comparative law as well. It analyzes each condition separately, giving an overview of their historical development and the way they are regulated today in different legal systems. According to domestic law, substantial requirements are the following: opposite gender, expression of will to get married, cohabitation and lack of marriage impediments. However, there is a tendency in the contemporary family law to reduce marriage impediments, which leads to the liberalization and facilitation of marriage formation. Since marriage is very often concluded in religious form, article also gives an overview of the ecclesiastical rules concerning marriage. Finally, it analyzes and compares statistical data concerning number of concluded marriages and divorces in Serbia thirty years ago and in present time.

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29

SZLEZAK, ANDRZEJ. "COHABITATION WITHOUT MARRIAGE IN POLAND." "International Journal of Law, Policy and the Family" 5, no. 1 (1991): 1–12. http://dx.doi.org/10.1093/lawfam/5.1.1.

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30

Podolnjak, Robert, and Đorđe Gardašević. "Directly Elected Mayors and the Problem of Cohabitation." Revus, no. 20 (December 1, 2013): 7996. http://dx.doi.org/10.4000/revus.2625.

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31

Barlow, Anne, and Grace James. "Regulating Marriage and Cohabitation in 21st Century Britain." Modern Law Review 67, no. 2 (March 2004): 143–76. http://dx.doi.org/10.1111/j.1468-2230.2004.00482.x.

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32

Nabawanda, Violla. "Cohabitation and the Law Relating to Property Sharing in Uganda." KAS African Law Study Library - Librairie Africaine d’Etudes Juridiques 10, no. 4 (2023): 485–98. http://dx.doi.org/10.5771/2363-6262-2023-4-485.

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This paper examines cohabitation and the law relating to property sharing in Uganda. The paper indicates that the law on property sharing is applicable to parties who have celebrated their marriage under the laws of Uganda, although the latter is silent on the issue of presumption of marriage. Today the trend has changed and this has been attributed to a number of factors such as the availability of finances, increased levels of education, literacy and advocacy; and the norm of courtship amongst others. With parties living together, property is acquired and upon separation, it is always contentious on whether the property acquired during the subsistence of that relationship is to be shared. The courts have attempted to interpret and apply the law using principles of equity and common law as the law on marriage, divorce and succession is inapplicable to such unions. The paper provides recommendations on the different strategies to be employed policy makers and cohabitees towards having protection before the law regarding property obtained during the subsistence of such relations.

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33

Garcia-Hombrados, Jorge. "Child marriage and infant mortality: causal evidence from Ethiopia." Journal of Population Economics 35, no. 3 (November 6, 2021): 1163–223. http://dx.doi.org/10.1007/s00148-021-00873-y.

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AbstractThis study assesses the causal effect of child marriage on infant mortality. Using age discontinuities in exposure to a law that raised the legal age of marriage for women in Ethiopia, the study estimates that a 1-year delay in a woman’s age at cohabitation during her teenage years reduces the probability of her first-born child dying during infancy by 3.8 percentage points. This impact is closely linked to the effect of delaying cohabitation on women’s age at first birth.

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34

Kovaček Stanić, Gordana. "Marriage and Partnership in Serbian Family Law : Legal Consequences." Law, Identity and Values 1, no. 1 (2021): 71–84. http://dx.doi.org/10.55073/2021.1.71-84.

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In this paper the author analyses the family law consequences of family law unions in Serbia. Two types of family law unions are regulated: marriage and heterosexual non-marital cohabitation. Same-sex union is not regulated at present, but the draft law is under preparation. The author analyses consequences of: personal relations, property relations, nuptial contract, family home, maintenance and exercise of parental rights.

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35

Guthrie, Tom, and Hilary Hiram. "Property and Cohabitation: Understanding the Family Law (Scotland) Act 2006." Edinburgh Law Review 11, no. 2 (May 2007): 208–29. http://dx.doi.org/10.3366/elr.2007.11.2.208.

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36

Probert, Rebecca. "Cohabitation in Twentieth Century England and Wales: Law and Policy." Law Policy 26, no. 1 (January 2004): 13–32. http://dx.doi.org/10.1111/j.0265-8240.2004.00161.x.

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37

Stier, Haya. "Informal Marriage, Cohabitation and the Law, 1750-1989.Stephen Parker." American Journal of Sociology 96, no. 6 (May 1991): 1587–89. http://dx.doi.org/10.1086/229723.

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38

Kingdom, Elizabeth. "Cohabitation Contracts: A Socialist-Feminist Issue." Journal of Law and Society 15, no. 1 (1988): 77. http://dx.doi.org/10.2307/1410076.

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39

Bradley, D. "Unmarried cohabitation in Sweden: A renewed social institution?" Journal of Legal History 11, no. 2 (September 1990): 300–308. http://dx.doi.org/10.1080/01440369008531008.

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40

Szeibert-Erdős, Orsolya. "Same-sex partners in Hungary Cohabitation and registered partnership." Utrecht Law Review 4, no. 2 (June 9, 2008): 212. http://dx.doi.org/10.18352/ulr.75.

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41

OLIVEIRA, Laura Cristina Santos Damásio de, and Ana Andréa Barbosa MAUX. "O Estágio de Convivência em Casos de Adoção: Uma Compreensão Fenomenológica." PHENOMENOLOGICAL STUDIES - Revista da Abordagem Gestáltica 27, no. 3 (2021): 306–15. http://dx.doi.org/10.18065/2021v27n3.5.

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This theoretical article has as its theme the stage of cohabitation in cases of adoption, a mandatory step in law in which children suitable for adoption pass to live with qualified candidates. It aimed to discuss adoptive filiation and how it occurs in the stage of cohabitation. Legally, this moment must be accompanied by psychosocial team that delivers technical opinion about it. But what happens in this process? What should be observed? A bibliographical review in three Databases concluded that productions on the subject are insipient, especially from the point of view of the Phenomenology. During the cohabitation stage, it's common for parents to try to please the child, or to fear their history, as well as the child try to please or to test limits. Following this period and discussing these issues enables everyone to inhabit this home and these relationships, contributing to greater security in the adoption implementation. Palavras-chave : Adoption; Phenomenology; Affiliation; Legal Processes.

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42

Pashynskyi, Anatoliy. "Property Relations Between Unmarried Cohabitants in International Family Law." Teisė 115 (June 29, 2020): 154–62. http://dx.doi.org/10.15388/teise.2020.115.11.

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This article is about the legal regulation of property relations between unmarried cohabitants in national legislation and the attempts to govern the said issues on the international level. The paper classifies states into groups based on their legal approach to unmarried cohabitation with examples from domestic legislation and court practice. The paper highlights the problem of absence of international conventions and national conflict of law rules on the matter and offers solutions to these issues.

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43

Constantinesco, Vlad, and Stéphane Pierré-Caps. "Presidential Elements in Government France: The Quest for Political Responsibility of the President in the Fifth Republic." European Constitutional Law Review 2, no. 3 (October 2006): 341–57. http://dx.doi.org/10.1017/s1574019606003415.

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Power of state – President as state's and as people's representative – Bicephalism of government – Unity in cabinet – History – Guizot, Chateaubriand – Orleanism – President's arbitration is form of leadership – De Gaulle engaging political responsibility – penal responsibility – Cohabitation – Constitutional amendment and referendum (1962) – President structures parliamentary majority – Weakness of Parliament – Full presidentialization? – Sixth Republic?

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44

Haskey, J. "Demographic aspects of cohabitation in Great Britain." International Journal of Law, Policy and the Family 15, no. 1 (April 1, 2001): 51–67. http://dx.doi.org/10.1093/lawfam/15.1.51.

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45

Bailey, Martha. "Regulation of Cohabitation and Marriage in Canada." Law Policy 26, no. 1 (January 2004): 153–75. http://dx.doi.org/10.1111/j.0265-8240.2004.00166.x.

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46

Miladinović-Stefanović, Dušica. "Criminal offence of extramarital union with a minor de lege lata and de lege ferenda." Zbornik radova Pravnog fakulteta Nis 62, no. 99 (2023): 33–55. http://dx.doi.org/10.5937/zrpfn0-46669.

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As juveniles fall into the category of insufficiently mature and vulnerable persons, Serbian law has traditionally recognized the special status of minors within the framework of criminal law protection, regardless of whether they are perpetrators or victims of crimes. In recent times, certain steps have been taken to ensure their more comprehensive protection. However, in all these efforts to strengthen the criminal-law protection of minors, one of the criminal offences against marriage and family seems to have remained "under the radar": the criminal offence of cohabitation with a minor (Article 190 of the Criminal Code). While life in an extramarital union can be harmful for minor's health, education, economic situation (etc.), this cohabitation community with a minor may be just a cover for sexual, labor or other forms of exploitation and abuse of minors. In this context, the subject matter of research in this paper is the normative framework of this criminal offence, and its application in domestic judicial practice, particularly in view of achieving the criminal-policy goals de lege ferenda.

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Wudarski, Arkadiusz. "Legal effects of the de facto relationship in Poland." Studia Universitatis Moldaviae. Seria Stiinte Sociale 8, no. 168 (December 2023): 66–72. http://dx.doi.org/10.59295/sum8(168)2023_10.

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This article is the second in a series of articles dedicated to de facto relationships, i.e. cohabitation, in Poland. The article represents a complex study of Polish legislation, jurisprudence and doctrine regarding the legal effects of these relationships throughout their existence, in particular, in fields of relationships related to property, contract law, tort law, family law, procedural law, labour law, medical law, tax law, executive penal law, housing law, migration law, etc. The importance of jurisprudence standardization is emphasized, in terms of resolving disputes that arise, both during the existence of de facto relationships and after their termination.

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Gusti Muslihuddin Sa’adi, Ahmadi Hasan, and Masyithah Umar. "Analisa Pasal 412 Kuhp Baru Tentang Kohabitasi (Pendekatan Maqashid As-Syari’ah As-Syathibi Dan Teori Social Engineering Roscoe Pound)." Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory 1, no. 4 (December 15, 2023): 584–607. http://dx.doi.org/10.62976/ijijel.v1i4.187.

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Abstract The phenomenon of cohabitation (kumpul kebo) has spreaded in the community, many couples live in the same house but do not have any marriage relations, especially among teenagers. This is very contrary to the norms that apply in society itself, the current shift in morality has triggered unrest among lawmakers, so that the cohabitation rule is included in Law No. 1 of 2023 concerning the Criminal Code (KUHP) article number 412. This research is a normative legal research, using qualitative literature research methods, the primary source used is Law No. 1 of 2023, and the sources include journals, books and scientific articles. This study aims to analyze article No. 412 of the new Criminal Code on cohabitation when viewed through the approach of Maqashid as-Shari'ah as-Syathibi and Roscoe Pound's social engineering theory. The results showed that article No. 412 on cohabitation in the new Criminal Code was in accordance with maqashid al-syariah hifz an-nasl, but was not included in dharuriyat, but included in the category of takmilat ad-dharuriyat, whose position was higher than al-hajiyat and at-tahsinaat. The prohibition of cohabitation is also an implementation of Roscoe Pound's legal theory of social engineering. The theory classifies the interests of society (public interest) precedence over private interests (private interest), so that cohabitation arrangements to maintain the morality and morals of the nation take precedence over individual freedom. Keywords: Cohabitation, Kumpul Kebo, Criminal Code, Maqashid as-Sharia, Roscoe Pound, Social Engineering Abstrak Fenomena kohabitasi (kumpul kebo) telah menjamur di masyarakat, banyak pasangan tinggal serumah namun tidak memiliki ikatan apapun, khususnya di kalangan remaja. Hal ini sangat bertentangan dengan norma yang berlaku di masyarakat sendiri, pergeseran moralitas yang terjadi saat ini memantik keresahan pembuat undang-undang, sehingga aturan kohabitasi dimasukkan ke dalam Undang-Undang No. 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana (KUHP) pasal 412. Penelitian ini merupakan penelitian hukum normatif, dengan menggunakan metode penelitian kualitatif kepustakaan, sumber primer yang digunakan adalah Undang-Undang No. 1 Tahun 2023, dan sumber skunder meliputi jurnal, buku dan artikel ilmiah. Penelitian ini bertujuan untuk menganalisa pasal 412 KUHP baru tentang kohabitasi jika ditinjau melalui pendekatan Maqashid as-Syari’ah as-Syathibi dan teori social engineering Roscoe Pound. Hasil penelitian menunjukkan pasal 412 tentang kohabitasi pada KUHP baru telah sesuai dengan maqashid al-syariah hifz an-nasl, namun tidak masuk ke dalam dharuriyat, tetapi masuk dalam katagori takmilat ad-dharuriyat, yang kedudukannya lebih tinggi dari al-hajiyat dan at-tahsinaat. Pelarangan kohabitasi juga merupakan implementasi dari teori hukum Roscoe Pound social engineering. Teori tesebut mengklasifikasikan kepentingan masyarakat (public interest) lebih didahulukan dari kepentingan pribadi (privat interest), sehingga pengaturan kohabitasi untuk menjaga moralitas dan akhlak bangsa lebih diutamakan dari pada kebebasan individual. Kata Kunci: Kohabitasi, Kumpul Kebo, KUHP Baru, Maqashid as-Syariah, Roscoe Pound, Social Engineering.

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Bulanda, Ronald E., and Wendy D. Manning. "Parental Cohabitation Experiences and Adolescent Behavioral Outcomes." Population Research and Policy Review 27, no. 5 (May 29, 2008): 593–618. http://dx.doi.org/10.1007/s11113-008-9083-8.

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Beijers, Joris, Jan Willem van Prooijen, and Catrien Bijleveld. "To marry a thief? Crime type as a deterrent to cohabitation." Journal of Experimental Criminology 12, no. 1 (February 24, 2016): 159–65. http://dx.doi.org/10.1007/s11292-016-9253-3.

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