Cap. 614 · Cohabitation Act (Cap. 614)
Cap. 614 чл. 27Right of action for de facto cohabitations. Cap. 16.
PART VI
(1) A person who immediately prior to the termination of the relationship as a couple, or the other party is deceased was continually and habitually living with another person as a couple, and who has been living with the same person for a period of not less than two (2) years, and whose relationship is not regulated under any law, may, within twelve (12) months, file an application before the Court, requesting the following rights, as the case may be:
(a) the right of habitation in the common home, for a period that shall be determined by the Court, limitedly to be given time for the purposes of finding an alternative residence; or
(b) where the other person is deceased, the right of habitation in the common home, for a period that shall be determined by the Court, when the said common home is held in full ownership or emphyteusis by the deceased person, either separately or jointly with the surviving person, limitedly to be given time for the purposes of finding an alternative residence:
Provided that the right conferred in this paragraph shall subsist even where such right has the effect of reducing, during the said period, the reserved portion due to any other person;
(c) the right to be compensated for any patrimonial loss which that person may have suffered, where the other person has enriched himself to their detriment, in accordance with articles 1028A and 1028B of the Civil Code.
(2) During the pendency of the action, the plaintiff may demand that the Court shall determine who shall reside in the common home during the pendency of such action, whether the plaintiff has left the common home or not.
(3) The rights mentioned in paragraphs (1)(a) and (b) shall cease if the plaintiff contracts a marriage, civil union, or enters cohabitation with another person.
(4) For the purposes of this article "common home" means that home within which the two (2) persons are living together, belonging to either one of them or to both of them, in whichever portion between them, and whether or not they possess it by title of lease or any other title, whether jointly or separately.
(5) The Court shall, in its judgment, order the Registrar of Courts to notify its judgment to the Director of the Public Registry within the period allowed for this purpose by the Court, so that the said judgment shall be registered in the Public Registry.
Препраща към
- Cap. 614 чл. 1028