1. Does your national regulation provide for the possibility of registering a partnership?

Yes. Partnerships can be registered but only in Administrative Registries (no substantial juridic effects are produced by this registration).

1.1 If you answered yes, please confirm if registered partnerships are accepted no matter if the partners or couples are of the same sex gender?

Yes, registered partnerships are accepted no matter if the partners or couples are of the same sex gender.

2. Is there a statutory property regime for partnerships whether registered or not?

There is no statutory property regime for partnerships. The Supreme Court has stated that the matrimonial property regimes are not applicable by law to partnerships.

3. And are there any restrictions on the freedom to establish a property regime?

There are no restrictions (except for law, moral/ethics or public order, which are limits that apply to every convention) to establish a property regime for a partnership, but it will not be of the kind of a family or matrimonial property regime. It would be as an ordinary community regime established by two persons and thus, without special rules of publicity.

4. Can a partnership registered in another member state or in a third state have patrimonial effects in your national regulation?

Yes, but in case the State applicable law requires a registration, it will be needed to prove it and it will also be needed to prove the content of the property regime if it has not been established by law.

5. Does the dissolution of a non-marital partnership produce succession effects?

Yes, only in some territories where special civil law applies the dissolution of a non-marital partnership by cause of death of a partner produce succession effects, since some rights are recognized by law to the  surviving partner.

5.1. Is it possible to register the right to family home in case of decease or breakout of non-marital partnership?

Yes.The Supreme Court has declared the regulation of the right to family home in case of death or disolution of marriage established by article 96 of Civil Code also applicable to non-marital partnerships (Case 190/2015). Furthermore, some territories with special civil regulation have specifically established this same rule by law.

 

 

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