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Draft Law No 665 /X/4.

First Amendment to the Law of Knife Unions

Exhibition of Motives

The present draft law regulates the legal situation of two persons,

regardless of gender, who have been living in de facto union for more than two years.

Law No. 7/2001 of May 11, which adopted measures for the protection of unions

de facto, acknowledged to those who live in de facto union a set of rights

similar to those of the spouses, without calling into question the space of non-institutionalization

which characterizes the de facto union situations.

Past eight years, the improvement of Law No 7/2001 is justified, with a view to

respond to emerging situations and to ensure greater equity in personal relationships,

patrimonial and with third parties.

The solutions we propose, such as those that result from the law in force, must

to be bated by a permanent balance between the nature of individual liberty that

characterizes the situation of de facto union and the essentiality of the legal protection that

ensure equity in relations between the parties.

The normative solutions we propose to seek, from a very soon, to clarify the

getting, of course optional, from the means of proof of the de facto union. This because the

practice demonstrates the existence of difficulties in the enjoyment of the enjoyment of rights legally

recognized, by doubt as to the proof of the de facto union.

With respect to the family home, it is also devoting a protection

increased to the overliving member of the de facto union. And it recognizes you, the right to use

of the stuffing of the house; a real right of extended housing; the right to lease and

reinforces the temporal limit of the right of preference in the purchase.

It is also predicted to regulate the debts incurred by the members of the union of

fact, stipulating a proof regime of the property of the goods acquired in the

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constancy of the de facto union. It is conferred, finally, on the surviving member of the union of

fact the possibility of benefiting from the benefits by death independently of the

possibility of obtaining food through the inheritance of the deceased member, well

as a duty of support to the surviving member.

Thus, under the applicable constitutional and regimental provisions, the

Deputies, the undersigned, of the Parliamentary Group of the Socialist Party, present the

following draft law:

Article 1.

Amendments to Law No. 7/2001 of May 11

Articles 1, 2, 3, 4, 6, 6, and 8 of Law No. 7/2001 of May 11 are hereby amended.

shall be replaced by the following:

" Article 1.

[...]

( Previous n. º1 )

Article 2.

[...]

They prevent the attribution of rights or benefits, in life or by death, founded in the

de facto union:

a) Age of less than eighteen years;

b) notorious dementia, even with lucid intervals, and the interdiction or inabilitation by

psychic anomaly, save if the dementia manifits itself or the anomaly check itself in

moment later than the beginning of the de facto union;

c) Marriage undissolved, unless it has been enacted the separation of persons and

goods;

d) [...]

e) [...]

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Article 3 [...]

1. [...]

a) [...];

(b) benefit from a legal regime equated to that applicable to married persons, in matter

of vacations, faltas, licences and preference in the placement of Administration officials

Public;

(c) to benefit from a legal regime equated to that applicable to married married persons

by individual contract of work, in respect of vacations, falters and licences;

d) Application of the income tax regime of natural persons in the

same conditions applicable to taxable persons married and not separated from persons and

goods;

e) Social protection in the eventuality of death of the beneficiary, by application of the scheme

general or of special social security schemes and of this Law;

f) Presents for death resulting from an accident of work or occupational disease, by

application of the respective legal regimes and of this Law;

g) Pension of blood price and for exceptional and relevant services provided to the Country,

by application of the respective legal regimes and of this Law.

2. ( Previous Article 1 (2) ).

3. Ressalvado the provisions of Article 7 of this Law, and in Article 6 (1) of the Law No

32/2006, of July 26, any provision in force for the allocation of rights

or fundata benefits in the de facto union is applicable regardless of the gender of the

its members.

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4. The de facto union implies the loss or decrease of rights or benefits in the same

cases and terms in which marriage entails the loss or decrease in rights or

benefits .

Article 4.

(Protection of the family home from family in case of rupture)

The provisions of articles 1105 and 1793 of the Civil Code shall apply, with the necessary

adaptations, in the event of a break from the de facto union.

Article 5.

(Protection of the family home from family in the event of death)

1. In the event of the death of the member of the de facto union owner of the house of abode of

family and the respective stuffing, the surviving member can remain in the house, by the

term of five years, as the holder of a real right of housing and a right of use

of the stuffing.

2. In the case of the de facto union having started more than five years before the death, the

rights provided for in the preceding paragraph are conferred for time equal to that of the duration of the

union.

3. If the members of the union in fact were to be comowners of the home of the abode of the

family and the respective stuffing, the over-living has the rights provided for in the numbers

previous, in exclusive.

4. Exceptionally, and on grounds of fairness, the court may extend the time limits

provided for in the previous figures considering, specifically, care dispensed

by the surviving member to the person of the deceased or the family of this, and the special dementia

in which the surviving member finds himself, for any cause.

5. The rights provided for in the preceding paragraphs shall lapse if the person concerned does not inhabit the

house for more than a year, save if the lack of housing is due to reason of force

greater.

6. Sitting the time frame in which it has benefited from the right of housing, the surviving member

has the right to remain in the immovable in the quality of lessee, in the conditions

general of the market, and are entitled to stay on site until the celebration of the respective

contract, save if the owners satisfy the legally established requirements

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for the denunciation of the lease for housing, by the landlords, with the

due adaptations.

7. In the case provided for in the preceding paragraph, in the lack of agreement on the conditions of the

contract, the court can fix them, ears the interested.

8. The surviving member has a right of preference in the event of the disposal of the immovable,

during the time when inhabiting it to any title.

9. In the event of the death of the member of the de facto union tenant of the house of abode of the

family, the surviving member benefits from the protection provided for in Article 1106 of the Code

Civil.

Article 6.

[...]

1. The surviving member of de facto union that is lacking in food benefits from the rights

stipulated in Article 3 (e), (f) and (g).

2. The right to the effective benefits-if by proposed action against the institution

competent for the respective assignment, in the civil courts.

Article 8.

[...]

1. The de facto union dissolves:

a) [...]

b) [...]

c) [...]

2. The dissolution provided for in paragraph (b) of the preceding paragraph only has to be

judicially declared when they wish to enforce rights that depend on it.

3. The judicial declaration of dissolution of the union in fact shall be delivered in the action

by which the person concerned intends to exercise rights dependent on the dissolution of the

union in fact, or in action that follows the procedural regime of the state actions. "

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Article 2.

Additions to Law No. 7/2001 of May 11

Articles 2-A and 5-A to Law No. 7/2001 of May 11, with the following are postponed.

wording:

" Article 2.

(Proof of the de facto union)

1. In the lack of legal or regulatory provision that requires specific documentary evidence, the

de facto union proves itself by any legally permissible means.

2. In the case of proving the de facto union by declaration issued by the freguesia board

competent, the document must be accompanied by a statement of both members

of the de facto union, under commitment of honour, of which they live in de facto union there are more

of two years, and of full copy certificates of the birth registration of each of them.

3. Should the union de facto be dissolved by the will of one or both of the

members, the provisions of the preceding paragraph shall apply, with the necessary adaptations,

owing the declaration under commitment of honour to mention when it ceased the union of

de facto; if one of the members of the dissolved union does not dispose of the declaration

joint existence of the pretérite existence of the de facto union, the person concerned shall present

singular declaration.

4. In the case of the death of one of the members of the union in fact, the statement issued by the

joint of freguesia atesta that the person concerned resided more than two years ago with the deceased, à

date of the demise, and shall be accompanied by statement of the person concerned, under

commitment of honour, of which they lived in de facto union with deceased more than two

years, at the same date, of a full copy certificate of the birth register of the

interested and of the death certificate of the deceased.

5. The false statements are punishable under the criminal law.

Article 5-The

(patrimonial relations)

1. It is lawful for the members of the union to actually stipulate clauses on the ownership of the

goods acquired during the constancy of the union.

2. When there are doubts about the exclusive property of one of the members of the union of

fact, the movable property will have as belonging in comownership to both of them.

3. The two members of the union shall in fact respond in solidarity with the debts

contracted by any of them to occur to the normal burdens of family life.

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4. In the moment of dissolution, and in the lack of applicable legal provision or stipulation

of those interested, the court, exceptionally, on grounds of equity, may grant

to one of the members the right to a compensation of the serious economic damage

resulting from decisions of a personal or professional nature by it taken, in favor of the

life in common, in the prediction of the enduring character of the union .

5. The right recognized in the preceding paragraph to a member of the de facto union shall be exercised

against the other, in the case of rupture, and against the inheritance of the deceased, in the case of death. "

Article 3.

Elimination

Article 10 of Law No 7/2001 of May 11 is removed.

Article 4.

Amendments to the Civil Code

The articles 496., 2019 and 2020 . º of the Civil Code, approved by the Decree-Law No 47344,

of November 25, 1966, with the amendments introduced by the Decrees-Laws n.

67/75, of February 19, 261/75, of May 27, 561/76, of July 17, 605/76, of 24

of July, 293/77, of July 20, 496/77, of November 25, 200-C/80, of 24 of

June, 236/80, of July 18, 328/81, of December 4, 262/83, of June 16,

225/84, of July 6, and 190/85, of June 24, by Law No. 46/85 of September 20,

by the Decrees-Leis n. ºs 381-B/85, of September 28, and 379/86, of November 11,

by Law No. 24/89 of August 1 by the Decrees-Leis n. ºs 321-B/90, 15 of

October, 257/91, of July 18, 423/91, of October 30, 185/93, of May 22,

227/94, of September 8, 267/94, of October 25, and 163/95, of July 13, by the Law

n 84/95 of August 31 by the Decrees-Leis n. ºs 329-A/95 of December 12,

14/96, of March 6, 68/96, of May 31, 35/97, of January 31, and 120/98, of 8 of

May, by the Laws n. ºs 21/98, of May 12, and 47/98, of August 10, by the Decree-Law

n ° 343/98 of November 6 by Law No. 16/2001 of June 22 by the Decrees-

Laws No 272/2001, of October 13, 273/2001, of October 13, 323/2001, of 17 of

December, and 38/2003, of March 8, by Law No. 31/2003, of August 22, by the

Decree-Law No 199/2003 of September 10, by Law No. 6/2006 of February 27,

by Decree-Law No. 263-A/2007 of July 23, by the Decree-Law No. 324/2007, of 28

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of September, by the Decree-Law No. 116/2008, of July 4 and by Law No. 61/2008, 31 of

October, they are replaced by the following:

" Article 496º

[...]

1. [...]

2. For the death of the victim, the right to compensation for non-patrimonial damage rests, in

set, to the spouse not separated from persons and goods and to children or others

descendants; in the absence of these, the parents or other ascendants; and, last to the brothers

or nephews that represent them.

3. If the victim lived in de facto union, the right of compensation provided for in the number

previous it was up to, first of all, together, the person who lived with her and the children

or other descendants.

4. The amount of the indemnity shall be set equitably by the court, having in

attention, in any case, the circumstances referred to in Article 494º; in the case of death,

can be met not only the non-patrimonial damage suffered by the victim, such as the

suffered by the persons entitled to compensation in the terms of the preceding paragraphs.

Article 2019.

[...]

In all the cases referred to in the preceding Articles, you have the right to food if the

feeding into new marriage, initiate de facto union or become unworthy of the

benefit for their moral behavior.

Article 2020º

[...]

1. The surviving member of the de facto union has the right to demand food from the inheritance

of the deceased.

2. [...]

3. [...]. "

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Article 5.

Republication

It is republished in full in Annex to Law No 7/2001 of May 11 with the

changes introduced by this Act already entered in the places of its own.

Palace of Saint Benedict, February 19, 2009

The Deputies,