Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 571 · cap/571 (Cap. 571)

Cap. 571 Art. 21Formalities of a unilateral declaration.     Cap. 79.  Cap. 12.

In KraftAmtlicher Text

(1) For the unilateral declaration by means of the judicial letter mentioned in the previous article to create rights and obligations which are legally valid and enforceable under this Act, it must indicate, clearly and unequivocally, the following:

(a) the personal details of the cohabitants, including their identity card number;

(b) the address where the cohabitants are residing together;

(c) a declaration to the effect that there is nothing precluding the said cohabitants from entering into a legally valid contract of cohabitation taking into account that which is set forward in article 5;

(d) the date from which the parties may have been referred to as cohabitants under this Act, and that from that date onwards none of the conditions set forward in article 5 were in place; and

(e) a clear declaration, on pain of nullity, on the grounds upon which the judicial act is made.

(2) The content of the said judicial letter shall be confirmed on oath by the applicant before the Registrar of the Court or a legal procurator appointed as Commissioner for oaths under the

Commissioners for Oaths Ordinance, and shall be notified to the other party, provided that the provisions of sub-articles (3), (5) or

(6) of article 187 of the Code of Organization and Civil Procedure presenting a note in the acts of that judicial letter in accordance with the subsequent article, he shall automatically be bound to the basic rights and duties under this Act with the other party, and in absence of proof to the contrary, the judicial letter shall constitute the necessary proof that the cohabitation between the parties commenced on the date indicated by the applicant.