First Amendment To Law No. 7/2001, Of May 11, Adopting Measures For Protection Of Domestic Partnerships

Original Language Title: Primeira alteração à Lei n.º 7/2001, de 11 de Maio, que adopta medidas de protecção das uniões de facto

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1 draft law No. 665/X/4th First Amendment of law of de Facto unions the explanatory memorandum to the draft law regulates the legal position of two people, regardless of gender, living in a de facto Union for more than two years. The law No. 7/2001, of May 11, which adopted measures of protection of domestic partnerships, recognized the people who live in de facto Union a set of rights similar to those of the spouses, without jeopardizing the space of non-institutionalization that characterizes the situations of de facto Union. Eight years later, the improvement of law No. 7/2001, in order to respond to emerging situations and to ensure greater fairness in personal relationships, sheet and with third parties. The solutions we propose, such as those resulting from the law in force, should provide for a permanent balance between the nature of individual freedom that characterizes the situation of de facto Union and the essentiality of the legal protection that ensures equity in relations between the parties. Regulatory solutions which we propose, therefore, to clarify the obtaining of course optional, evidence of the fact. This is because the practice demonstrates the existence of difficulties in access to enjoyment of legally recognized rights, for doubt as to the proof of the fact. As regards the address of family house, dedicates also increased protection to the surviving member of the Union. And recognized him, the right to use the household effects; a real housing law; the right to lease and reinforces the time limit of the right of pre-emption in the acquisition. It is expected the adjustment of the debts incurred by members of the de facto Union, stipulating a regime of proof of ownership of the goods purchased in 2 sustained. Gives, finally, the surviving member of the Union in fact the possibility to receive benefits for death regardless of the possibility of obtaining food through the inheritance of the deceased member, as well as a duty to support the surviving member.

Thus, under the constitutional provisions and regulations applicable, the undersigned, members of the parliamentary group of the Socialist Party, present the following draft law: article 1 amendments to law No. 7/2001, of May 11 are amended articles 1, 2, 3, 4, 5, 6 and 8 of the law No. 7/2001, of May 11, which are replaced by the following : ' article 1 [...] (Previous No. 1)

Article 2 [...] Prevent the assignment of rights or benefits, in life or death, founded on common law: a) the age of eighteen years; b) notorious, even Dementia with lucid intervals, and the prohibition or disqualification for psychic anomaly, except if the dementia manifest or the anomaly is found in later time at the beginning of the consensual union; c) marriage dissolved, unless it has been decreed the separation of persons and property; d) […] e) […]

3 article 3 [...]

1. […]

a) […];

b) benefit from the legal regime applicable to married persons assimilated to with regard to holidays, absences, licenses and preference in placement of employees of public administration;

c) benefit from the legal regime applicable to married persons assimilated to linked by contract of employment, with regard to holidays, absences and licences;

d) application of the system of personal income tax under the same conditions applicable to taxpayers married and not separated from persons and property;

and) social protection in event of death of the beneficiary, by application of the general regime or of special social security regimes and of this law;

f) benefits for death resulting from an accident at work or occupational disease, the respective legal systems and of this law;

g) blood price pension and by exceptional service and relevant to the Country, the respective legal systems and of this law.

2. (previous paragraph 2 of article 1).

3. Subject to the provisions of article 7 of this law, and article 6, paragraph 1, of law No. 32/2006, of July 26, any provision in force with a view to assigning rights or benefits based on common law is applicable regardless of the gender of their members.

4 4. The Union in fact implies the loss or degradation of rights or benefits on the same terms and cases in which the marriage involves the loss or degradation of rights or benefits.

Article 4 (protection of the family dwelling house in case of breakage) articles 1105.º and 1793.º of the Civil Code shall apply mutatis mutandis in the event of rupture of de facto Union.

Article 5 (protection of the family dwelling house in the event of death) 1. In case of death of the Member of the Union in fact owner of casa family address and its contents, the surviving member can remain in the House for a period of five years, as holder of a right in rem and a right of use of the filling. 2. In the case of de facto Union have started more than five years before the death, the rights provided for in the preceding paragraph is conferred by time equal to the duration of the Union. 3. If the members of the Union in fact were co-owners of the House to address the family and its contents, the rights referred to in has a surviving previous numbers exclusively. 4. Exceptionally, and for reasons of fairness, the Court may extend the time limits laid down in the preceding paragraphs, i.e. care provided by a surviving member of the person of the deceased or the relatives of this, and the special need in the surviving member, for any reason. 5. The rights provided for in the preceding paragraphs shall expire if the person concerned does not inhabit the House for more than a year, unless the lack of housing is due to force majeure. 6. The period within which the right to housing, the surviving member has the right to remain in the property as a tenant, general market conditions, and you have the right to remain in place until the conclusion of the contract, unless the owners comply with the requirements legally established 5 to termination of lease for residential , landlords, mutatis mutandis. 7. In the case referred to in the preceding paragraph, in the absence of agreement on the terms of the contract, the Court may fix them, ears. 8. The surviving member has right of first refusal in the event of the transfer of the property, during the time that dwell in any capacity. 9. in case of death of the Member of the Union in fact tenant of the House of the family, the surviving member benefits from the protection provided for in Article 1106.º of the Civil Code.

Article 6 [...]

1. The surviving member of de facto Union that lacks of food benefits stipulated in paragraphs (a) and rights), f) and (g)) of article 3. 2. The right to benefits effective by proposed action against the institution competent for their assignment, in civil court.

Article 8 [...]

1. The de facto Union dissolves: a) [...] b) [...] c) [...]

2. The dissolution provided for in subparagraph (b)) of the preceding paragraph shall only be judicially declared when seeking to assert rights that depend on it. 3. The judicial declaration of dissolution of domestic partnership must be rendered in the action in which the applicant intends to exercise rights dependent on the dissolution of de facto Union, or action which follow the procedural regime of the State.»

6 article 2 additions to law No. 7/2001, of May 11 Are inserted Articles 2A and 5a to law No. 7/2001, of May 11, with the following text:% quot% Article 2A (proof of consensual Union) 1. In the absence of any legal or regulatory provision that requires specific documentary evidence, the Union in fact proved by any means legally permissible. 2. In the case of proven de facto Union for a declaration issued by the Parish Council, the document must be accompanied by statement of both the members of the Union as a matter of fact, under rules of engagement, of living in a de facto Union for more than two years, and full copy of the registration certificates of birth of each one of them. 3. If the de facto Union has dissolved by the will of one or both members, applies the preceding paragraph, mutatis mutandis, the rules of engagement under statement mention when ceased de facto Union; If one of the members of the Union dissolved not prepared to endorse the joint statement of the previous existence of the Union as a matter of fact, the person concerned shall submit the Declaration. 4. In the event of the death of one of the members of the Union as a matter of fact, the statement issued by the Parish Council certifies that the person concerned resided for more than two years with the deceased, the date of death, and must be accompanied by a declaration by the person concerned under rules of engagement, that lived in cohabiting with deceased for more than two years at the same date, full copy of the certificate of registration of birth of the person concerned and of the deceased's death certificate. 5. The false statements are punished in accordance with criminal law.

Article 5a (property relations)

1. the members of the Union should in fact provide clauses on ownership of property acquired during the constancy of the Union. 2. Where there is doubt about the exclusive property of one of the members of the Union as a matter of fact, the movable property may be taken as belonging in co-ownership. 3. The two members of the Union in fact respond jointly and severally for the debts incurred by any of them to occur to the normal charges of family life.

7 4. At the time of dissolution, and in the absence of any applicable legal provision or stipulation of the parties, the Court, exceptionally, for reasons of fairness, can grant a member entitled to a compensation of serious economic losses resulting from personal or professional decisions taken by, in favor of life in common, in anticipation of the lasting nature of the Union. 5. The right recognized in the preceding paragraph to a member of the Union in fact is exercised against the other, in the case of rupture, and against the inheritance of the deceased, in the case of death.»

Article 3 Disposal is eliminated article 10 of law No. 7/2001, of May 11.

Article 4 amendments to the Civil Code in articles 496.º, 2019.º and 2020.º of the Civil Code, approved by Decree-Law No. 47344 of 25 November 1966, as amended by decree-laws Nos. 67/75, of February 19, 261/75, of May 27, 561/76 of 17 July, 605/76, of 24 July, 293/77, of 20 July , 496/77 of 25 November, 200-C/80 of 24 June, 236/80, of 18 July, 328/81 of 4 December, 262/83, of June 16, 225/84, of 6 July, and 190/85 of 24 June, by law No. 46/85, of 20 September, by decree-laws Nos. 381-B/85, of 28 September , and 379/86, of November 11, by law No. 24/89, of 1 August, by Decree-Law No. 321-B/90 s, of October 15, 257/91, of 18 July, 423/91, of 30 October, 185/93, of 22 may, 227/94, of September 8, 267/94, of 25 October, and 163/95, of 13 July , by law No. 84/95, of 31 August, by decree-laws Nos. 329-A/95, of December 12, 14/96, of 6 March, 68/96, of 31 May, 35/97 of 31 January, and 120/98, of 8 may, by laws Nos. 21/98 of 12 may, and 47/98, August 10 , by Decree-Law No. 343/98, of 6 November, by law No. 16/2001, of 22 June, by decree-laws Nos. 272/2001, of 13 October, 273/2001, October 13, 2001, 323/17 December, and 38/2003, 8 March, by law No. 31/2003, of 22 August, by Decree-Law No. 199/2003 , 10 September, by law No. 6/2006 of 27 February, by Decree-Law No. 263-A/2007, of July 23, by Decree-Law No. 324/2007, of 28 8 September, by Decree-Law No. 116/2008 of 4 July and by law No. 61/2008, October 31, are replaced by the following: ' article 496º [...]

1. […] 2. Upon the death of the victim, the right to compensation for patrimonial damage does not fit together, the spouse not separate people and goods and to children or other descendants; in the absence of these, parents or other ascendants; and, finally to the brothers or nephews representing them. 3. If the victim lived in a de facto Union, the right to compensation provided for in the preceding paragraph it is, first of all, together, to the person who lived with her and their children or other descendants. 4. The amount of compensation shall be fixed equitably by the Court, bearing in mind, in any case, the circumstances referred to in article 494º; in the case of death, can be met not only the equity not damage suffered by the victim, as suffered by the persons entitled to compensation pursuant to the preceding paragraphs.

Article 2019.º [...]

In all the cases referred to in the preceding articles, the right to food if the feeding remarries, start domestic partnership or become unworthy of the benefit by your moral behavior.

Article 2020º [...] 1. The surviving member of the de facto Union has the right to demand food heritage of late. 2. […] 3. […].»

9 Article 5 Republication is republished in its entirety in the annex to law No. 7/2001, of May 11, with the amendments introduced by this law already inserted in place.

São Bento Palace, February 19 2009 Members,