• 13/03/2023
  • By wizewebsite
  • 354 Views

The registered partnerships can close lesbians and gays in the Czech Republic for 13 years.What are the benefits of it?<

Euro.cz, Tomas Bohuslav,

From the moment when in the Czech Republic, persons of the same sex were allowed to conclude registered partnerships, took this opportunity according to available data more than three thousand pairs.Most of them were men, but recently the authorities have felt increased interest from women.For example, thanks to a registered partnership, they can inherit and be informed about the health of their partner.Compared to rightful spouses, however, their privileges are still relatively limited.

Although the institute of registered partnership was originally spoken at the local parliament already in the mid -1990s, in fact this law was approved many later, specifically in 2006.However, this was preceded by long scrambles between deputies and senators on the one hand and then President Václav Klaus on the other.

And which rights and obligations to these homosexual couples on the basis of law no.115/2006 Coll., does the registered partnership actually belong?In fact, there are not so many of them, at least if they are compared with the possibilities that the couple entered into the marriage volume.

The assets and debts are solved by everyone for themselves

One of the most significant differences between the two institutes concerns property.While in the case of a traditional union there is a concept of common property of spouses, which says that everything a man and a woman get after the wedding belongs to both of them (if they have not agreed otherwise in the premarital contract), registered partners cannot count on anything like that.If one of them acquires new assets after the partnership is closed, this property will belong exclusively to him.

However, there is one relatively common problem in connection with this.Things that none of the partners has a purchase contract can easily become the subject of potential disputes, if the couple decides to break up.

Registrované partnerství mohou lesby a gayové v Česku uzavírat již 13 let. Jaké výhody jim z toho plynou?

In a similar spirit to the property, the debts are proceeded.Also in this respect, the principle is that everyone is responsible for the financial obligations arising after the partnership is closed.

However, if the bailiff came to the common household, it is necessary for the underaged partner to be wary and in time at the base of the purchase contract to delete those things that are proven to be not his counterpart, but to him.

Adoption yes, but only under certain circumstances

A slightly more favorable situation for persons living in a registered partnership is in the field of adoption.Although until recently, the adoption of the child has not been considered by registered people at all, the 2016 Constitutional Court's decision changed everything.Now the child can adopt at least one of the homosexual partners (but not both as a couple).

Another difference from marriage is the fact that in the case of a registered partnership there is no so -called common lease of an apartment if they live in any such person.If partners are interested in it, it is necessary to agree on this opinion with the owner of the housing unit itself.

About the right to live in such an apartment and to be used by a person who does not directly take it, will not come.In addition, if the partner lived in this apartment at the time of the death of his counterpart and does not have his own apartment, he automatically becomes the tenant of this housing unit.

No one will lose her inheritance

On the other hand, what are no differences between registered partnerships and marriage is the inheritance.The surviving partner is entitled by law automatically.In the first inheritance group he will inherit, assuming that the descendants of the deceased are to inherit him, in the second (together with his partner's parents and other people who lived with him for at least a year in a common household, cared for him or nourished)If no offspring had.If the surviving partner disagrees with heritage, he may obviously voluntarily give up.

As for the maintenance obligation, the Czech legal system also looks at the registered partnership as well as marriage.If two persons of the same sex have closed this partnership, they are automatically entitled to the same standard of living without taking into account whether only one of them or both works.

If the partners break up, this maintenance obligation does not always exist.When it turns out that one of them cannot make a living for some objective reason, his former partner must continue to contribute to his maintenance.But not to the same extent as before, but in one that ensures nutrition at a reasonable level.

The only exception would be a case where a person who did not cause the breakup would have caused serious harm by this disintegration.Just then the court can order his counterpart to pay him the maintenance in full until the person has a new registered partnership or until three years have passed from the breakup.

The right to information can not be denied

As a registered partner, the person also has the right to be familiar with his partner's health status.From the perspective of criminal law, the registered lesbian and gaye are viewed as a close person.What does such a sign mean?

Well, simply the fact that the person is not obliged to report the crime of his partner if he is to be at risk of prosecution, life or healthy.Likewise.The concerned may also refuse to testify against his counterpart, and if he does not grant explicit consent, he must not even commence the prosecution for defamation, bodily harm, theft, extortion or rape of his own.

Furthermore, read:

The Supreme Administrative Court opposed the official change of gender without surgery

The British Parliament legalized the marriage of homosexuals in northern Ireland

Thirty municipalities in Poland declared themselves a "zone without the ideology of LGBT"