Inheritance Rights of Spouses in the Actual Marriage: A Comparative-Legal Aspect
Abstract
The inheritance rights of spouses in the actual marriage present the subject of the present study. Nowadays, inthe Western European countries and the United States the family crisis has broken out – the officially registered
marriage has become less popular than the actual marriage; on average, one of three children in Europe was
born out of wedlock last year, but neither the theory nor the practice of law could resolve a number of issues
related to the legal status of spouses in the actual marriage. The purpose of the study is the definition of the legal
regime of the inherited property of actual spouses and the actual attempt to fill the gaps in the sphere of civil
science. On the basis of the study we have made the main conclusion that the actual marriage presents
permanent, stable, monogamous relationships between people who have reached the age of marriage on
cohabitation (extramarital relationship), which are not officially registered in accordance with the law, lasting more
than two years, engendering rights and obligations both to each other and the children – if the couple has
children. The community property of actual spouses should be governed by civil law regulations.
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