THE COHABITATION – THE POSTULATES OF INSTITUTIONALISATION

Abstract

The aim of this study is to consider the issue of the institutionalisation of cohabitation. This is a current problem discussed both in Poland and abroad. Opinions of jurists and politicians vary and there are different models introduced in different countries. Some governments allowed homosexuals to get married (e.g. United Kingdom, Spain). Others decided to preserve heterosexual character of marriage and created non-martial unions legally recognised only for homosexuals (e.g. Germany). Lastly, France stated both forms available for everyone. The Polish legal system recognises only heterosexual marriage whereas the cohabitation is not institutionalised. The Polish jurists represent various views on this problem. Some of them argue that only marriage should be respected by Polish law. Others state that the institutionalisation of cohabitation is necessary and connected with human rights. Finally, many jurists claim that non-martial couples are well protected by Polish law and there is no need of creating another type of legal union.