Law 4/2005, of 21 February, qualified the stable partnerships, since the General Council in its session of February 21, 2005, has approved the following: law 4/2005, of 21 February, qualified the stable partnerships, exhibition of illustrations and article 6 of the Constitution proclaims the equality before the law of all people and that no one can be mentioned by reason of birth , race, sex, origin, religion, opinion or any other personal or social condition. At the same time provides that the public authorities must create the conditions to ensure that equality and the freedom of individuals to be real and effective. Article 13, on the other hand, proclaims that the civil status and forms of marriage are regulated by law and establishes the promotion of a policy on the protection of the family, the basic element of society.

In this sense, the General Council adopted, on 30 June 1995, the qualified law of marriage as a general rule of constitutional development.

Filled the legal vacuum that content as well as I did in the civil marriage, taking into account, at the same time, the options of the separation and divorce as a result of dissolution of the marriage bond.

But that important rule of modernization of personal relationships, the legislature cannot keep away from the phenomena that come charging a growing importance in the Andorran society. The lack of legal regulation of these phenomena leads to discriminatory results not only contrary to equity but, many times, absurd and distorsionadors. One of those social phenomena that you have to deal with legal rationality, and that is the subject of legal development and study the doctrine and the case law of many countries, is that of the stable partnerships.

Although based on the thesis that does not have to be identity between marriage and stable Union of a couple, since they obey different options and personal approach, it is essential to respect this difference, both in the social field and in the law, making it compatible with the principle of legal equality and prohibition of discrimination which guarantees the Constitution in article 6. That is why they are treated as different institutions, trying to keep from the public authorities to be able to generate any tort or legal sanctions between the two figures. Such decision-making position is based on need and free development of the individual personality inalienable, that could be affected if it is trying to prevent or limit more uxorio coexistence.

Don't forget however that the Council of Europe, of which we are part, through conclusive or accurate resolution of 7 May 1988 the validity of contracts awarded between people living together as a married couple and their provisions in effect.

Andorra is not exempt from this new social and legal reality and therefore adopted this policy. It has been estimated to be insufficient to limit yourself to the essential principles of the European institutional bodies in the new legislative regulation of the stable partnerships, so it tries to regulate other aspects with legal effects by establishing a system of rights and obligations during cohabitation, and also in the event of dissolution of the Union.

In order to regulate the personal and patrimonial effects of the coexistence established a series of principles such as legal certainty and of autonomy of the will, as well as some rules of ius might jus pull as an obligation to lend food, irrenunciabilitat to the right to financial compensation in the event of break-up of the Union, the event of unjust enrichment or the right to a periodic pension of food nature , to name a few.

Based on the reasoning presented, the General Council approved this law.

Chapter first. Concept Article 1 scope of application of the law this law regulates personal and patrimonial effects of the stable partnerships, provided that at least one of the parties to have Andorran nationality or their primary residence and permanent in the Principality of Andorra.

Article 2, Definition 1. Is it stable Union couple made up of durable for two people, adults or minors, without emancipades is deemed to be link in a straight line by consanguinity or adoption and in collateral line by consanguinity to the fourth degree, living as a couple and that are registered in the corresponding Register.

2. To formalize the Union to record the two privilege enjoyed may be joined to marriage or stable Union link partner to another person.

Article 3 conditions for the people who wish to prove the stable Union of a couple, they should promote the previous record, by means of a statement, the Civil Registry, according to established regulations.

The registration of the merger in the register, will take place after the deadline of six months since the above-mentioned statement, taking effect from the moment in which it promotes the previous record.

Article 4 Certification The stable Union of a couple is credited by the entry in the register of marriages of couples from the Civil Registry.

Second chapter. Relationships and personal and patrimonial effects Article 5 regulation of personal relationships and heritage of the privilege enjoyed by 1. The members of the stable partnerships validly regulate, by private agreement, personal relationships and heritage stemming from the coexistence and the respective rights and duties. Also regulate the compensation that will suit you in the case of termination of the cohabitation, with the minimum of rights and duties that regulates this law, which are irrevocable until the time they are required.

2. As a minimum, the Covenant between the privilege enjoyed by the members of the stable Union stipulates that partner contributes to the maintenance of the home and in public spending: a) With the housework.

b) With their personal or professional collaboration not paid or with insufficient payment, to the legal profession or in the company of the other Member.

c) with resources from their activity or of their property, in proportion to their income and, if these are not enough, in proportion to their assets.

Each Member of the couple retains the domain, the enjoyment and the administration of their property.

3. The existence of common children entails the recognition of their progenitors in the above-mentioned agreement.

Article 6 The common costs 1. Have the consideration of common expenses of the couple the necessary for their maintenance and for people who are in charge who live with them, according to their uses and their standard of living, and especially:


a) The food concept incurred, in the broadest sense.

b) of conservation or improvement of the property or other assets of the couple's use.

c) The originating from the attentions of forecasts, healthcare and education.

2. Do not have the consideration of common costs resulting from the management and defence of each Member's own goods, nor, in general, that respond to the exclusive interest of one of the members of the couple, including the costs of maintenance of children not common when these do not live with them.

Article 7 Adoption of minors The stable partnerships, may proceed to the adoption of a minor under the same circumstances and requirements legally established for joint adoption, in accordance with the provisions of the law of adoption and of the other forms of protection of the less helpless, of 21 March 1996.

Article 8 obligation to provide food to the members of the stable couple have the obligation to lend food, with preference to any other required.

Article 9 order of preference in the tip-off dativa in the event that one of the members of the stable couple is declared incapable, the convivent is in first place in the order of preference of the tip-off dativa.

Article 10 common Home and chattels of ordinary usage 1. The convivent the owner of the apartment or common use ordinary furniture can not carry out any act of disposal of their right that compromised the use without the consent of the other or, if there is lack of judicial authorization, provided that this ability has not been explicitly agreed and detailed layout in the private agreement that regulates the personal relationships and the couple's assets.

2. The act done without consent or without the authorisation prescribed by the preceding paragraph is anul·lable at the request of the other convivent, in the period of one year, since I have knowledge, without prejudice to the rights of the third party purchaser in good faith and onerous.

Article 11 effects of the legislation in the area of urban property leases to the effects of the legislation in the area of urban property leases, the person attached to a stable relationship with the tenant is equates to the spouse.

Article 12 Relationship resulting from the protective action of the social security in the relationships arising from the protective action of the social security the stable Union Member pair equates, for all purposes, the spouse.

Article 13 effects of application of the law of immigration for the purposes of application of the law of immigration, of 14 May 2002, the stable partnerships will equate to marriage, with the following two salvetats: a) the person who has given you the right to family regrouping their partner according to the specifications of the qualified law of immigration, of 14 May 2002 not give you the right to family regrouping for a new partner until they have spent at least five years of the previous registration.

b) if terminated the stable Union of a partner of a person who has obtained an authorization of immigration within the framework of family regrouping in accordance with the provisions of the law of immigration, of 14 May 2002, the eventual new stable Union of a couple of this person may not give rise to family regrouping of the new partner until they have spent at least five years of the cancellation in the register of the stable Union of a couple.

Article 14 effects of the application of the tax legislation in force on real estate transfers for the purposes of application of the tax legislation in force on real estate transfers, stable unions, so registered in the registry, they equate to marriage.

Article 15 the effects of application of labour legislation and of the current public service for the purposes of application of the labour legislation and of the public force, stable unions, so registered in the registry, they equate to marriage.

Third chapter. And Article 16 effects effects of the breakdown in case of rupture of the coexistence, the privilege enjoyed by cannot return to a stable Union with another person until you have registered in the registry the annotation of the termination, in accordance with what has this law.

Is null the acts that contravene the prohibition established in this article.

Article 17 Reasons and the termination 1. The stable Union as a couple will be terminated due to the following causes: a) By common agreement.

b) by unilateral one, notified reliably on the other.

c) due to death or judicial declaration of death of one of the members.

d) by marriage of one of the members.

2. In the event that the privilege enjoyed by decide by mutual agreement to put an end to their relationship must urge the cancellation in the register by means of written notice and in a reliable way.

The termination of the relationship by mutual agreement produces its effects from the date of entry in the register.

3. When one of the art. Decides to end unilaterally the stable relationship as a couple must notify reliably to the other convivent and urge them simultaneously the cancellation of the entry in the register by means of the sending of a copy of the notification.

The termination of the relationship takes effect three months after written notice of any such form to the other party.

The marriage of one of the members involves ex officio the cancellation in the register of the stable Union of a couple.

4. In the event of termination of the stable Union as a couple because of death or judicial declaration of death of one of its members, the Member survivor or any other interested party submits a copy of the minutes of the death or judicial declaration in the registry.

5. In the event that the extinction of the Union takes place by marriage of one of the members without you have proceeded to the reliable notification established in paragraph 3 of this article, or if the parties have not proceeded to liquidate the rights and obligations resulting from the agreement signed between them, the ordinary jurisdiction is competent to understand the cultural conflicts that may arise , of fixing any damages that may arise and any other issue that has to be subject to the decision of the courts.

Article 18 effects of termination 1. The termination of the relationship involves the revocation of powers that any of the members have voted in favour of the other.

2. When the cohabitation life removed two privilege enjoyed by it must be, about its effects on the obligations towards children, the use of the family home and


of his personal non-objects of each of the spouses and to the establishment of the alimony for unfair enrichment, to the provisions of Chapter 3 of title IV of the qualified law of marriage of 30 June 1995.

Article 19 rights of Member survivor When the phasing out of the stable Union of a couple is produced by cause of death of one of the privilege enjoyed by survivor, the Member has the following rights: a) on the property of clothes, furniture and utensils that make up the wall of the common housing, without computing them, if necessary, under his belt in the family. However, it doesn't go to the ownership of the assets consisting of jewelry, artistic or historical objects or others who have a special value because the standard of living of the couple and the relict heritage, especially the furniture came from the property of the family convivent premort or in the part that belongs.

b) to live in the House common during the year following the death of convivent.

This right is lost if, during the year, the interested party is home or going to live together in a stable Union of a couple, in fact or in law, with another person.

c) of subrogation to the late in the terms established in the current legislation in the area of urban property leases, if the deceased was the lessee of the dwelling.

Article 20 legal or Intestate Succession 1. In the event of intestacy, the Member of the stable Union of a couple survivor is entitled to receive the usufruct of a quarter of the inheritance, if the heirs are ancestors, descendants, brothers or sons of brothers of premort. When meeting with other system is entitled to receive the usufruct on half of the inheritance.

2. In the absence of descendants of ancestors and collateral within the limits set out in the current legislation regarding the inheritance law of the Principality, it should be called to the succession of the Member of the stable Union of a couple, if not extinct survivor constés the Union in the registry.

3. Does not have the right to usufruct the couple survivor you have received in originator, to acts mortis causa, inters or goods to a value greater than or equal to that of the usufruct. The goods that had been received by a lower value will reduce proportionately the usufruct.

The fourth chapter. The record of stable partnerships Article 21 setting up the registry Will create the record of stable partnerships, in charge of the civil registrar, with the purpose of the steps of the Union statement, crediting the Union and eventually the termination in case of rupture of the same, and rid of reliable testimony through certification.

Article 22 requirements for entry in the register so that the civil registrar may proceed to the registration in the register of marriages of couples, the privilege enjoyed by must submit a request to the effect, which must be accompanied by the following documents: a) affidavit of coexistence.

b) copy of valid passport or identity card in place of the two members of the stable Union of a couple.

c) certificate of residence of two members. Are exempt from complying with this requirement documentary people of Andorran nationality.

d) private Agreement duly signed by the members of the stable Union of a couple, the content of which is at least what is established in the second chapter.

e) affidavit of two witnesses in accordance with have a record of lasting coexistence.

Article 23 requirements for cancellation of the stable Union of partner 1. The annotation in the register of the phasing out of the stable Union of a couple occurs by virtue of the provisions of article 17. They are legitimate to urge it together both art. unilaterally or any of them, or anyone interested in the event that the cause of the extinction is the death of one of the members.

2. The simple presentation of the documents set out in paragraphs 2, 3 or 4 of article 17 is sufficient because the register proceed to cancel the registration of the stable Union of a couple.

3. you may not proceed with a new registration without previous cancellation of the existing.

Article 24 certification of the Registrar, the Registrar has registered stable Union delivered in accordance with certification partner or the termination of the Union, according to the case, at the request of any of the members of the couple or person to justify, at the discretion of the Registrar, having a legitimate interest.

Chapter five. Applicable regulations and procedural rules Article 25 rules of application and competent jurisdiction The ordinary jurisdiction of the Principality of Andorra is competent in the causes that affect the stable partnerships registered in the registry.

Additional provision the Government, within a period of three months from the entry into force of this law, must establish the regulations that have to be developed.

Final provisions First to determine the law applicable to the stable partnerships, and with extra character to the present Law and the qualified law of marriage of 30 June 1995, it should be in general provisions in the rules of private international law with respect to matrimonial relations.

Second The present Law shall enter into force the day after its publication in the official bulletin of the Principality of Andorra.

Casa de la Vall, 21 February 2005 Francesc Areny Casal Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Jacques Chirac President of the French Republic, Co-prince of Andorra