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

Cap. 571 Art. 6Formalities of a contract of cohabitation.

In KraftAmtlicher Text

(1) The contract regulating the cohabitation between two parties shall be made by a public deed for which a certificate of cohabitation shall be issued as prescribed by the Schedule of this Act, after the registration of the contract.

(2) In order for a contract regulating cohabitation between two parties to have the legal effects contemplated by this Act, it shall be done as prescribed by the provisions of this Act and shall be deemed to be valid only if all the provisions of this Act are observed and, or fulfilled.

(3) The parties must declare before the notary that there is nothing precluding them from entering into a legally valid contract of cohabitation, taking into account that which is prescribed under article 5, and the notary is obliged to do the annotations of this declaration in the said contract.

(4) The declaration mentioned in the preceding sub-article shall make good in the instances where the notary does not have the means to verify that there is nothing precluding the parties from being cohabitants, taking into account that which is prescribed in article 5.

(5) The parties shall also declare before the notary if they had already entered into any other contract of cohabitation together in the past, which contract was rescinded in accordance with this Act.

(6) After verifying by the appropriate searches whether the parties had entered into a contractual cohabitation between themselves, which contract had been terminated in accordance with the provisions of this Act, the notary shall:

(a) if there were no previous contracts, state this in the said contract; or

(b) if there was a previous contract, forward a copy thereof, together with the draft of the new contract to the competent Court for the authorisation of the same, in accordance with article 16, and shall forward the new contract for publication and registration only after obtaining the said authorisation. more than seven days prior to the date of publication of the said contract.