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Ius et Praxis

On-line version ISSN 0718-0012

Abstract

TURNER SAELZER, Susan. Co-habitation as a Family Law institution and its non-economic familial effects. Ius et Praxis [online]. 2010, vol.16, n.1, pp.85-98. ISSN 0718-0012.  http://dx.doi.org/10.4067/S0718-00122010000100004.

Before the decision to regulate cohabitation can be taken, a series of questions must be addressed. Among them, whether non economic familial effects -rights and obligations between partners- should be regulated by law. This paper,assuming that Chile will confer legal status to heterosexual co-habitation unions, will show how the few existing laws regulating specific personal aspects of co-habitation have correctly situated this status within family law, in contrast to the perspective adopted by the judiciary regarding economic aspects of this kind of partnership. This paper aims to outline the consequences this shift would bring and argues against the legal regulation of non-economic familial effects for co-habitants, taking into consideration the fundamental rights guaranteed by the Constitution.

Keywords : Family Law; Co-Habitation; Non- economic Familial Effects.

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