ВАНБРАЧНИ ПАРТНЕР КАО ЗАКОНСКИ НАСЛЕДНИК У САВРЕМЕНИМ ПРАВИМА ЕВРОПЕ
Cohabitation Partner as an Intestate heir in Contemporary European Laws

Summary/Abstract: The author of this paper analyses the legal position of cohabitation partners with regard to succession as defined in contemporary European jurisdictions, focusing on the significant differences that may be observed concerning various aspects of their succession regulations. The author argues that although there is a whole range of different rules dealing with the succession of cohabitation partners, which certainly are an obstacle on the path to their alignment within EU, the mechanisms adopted in the studied jurisdictions do seem to go in the direction of unification of this area of private law, too. Nevertheless, given the particular character of this area of law and the relationships that it regulates, such unification shall – in author’s opinion – take longer time than it is required for some other areas of law. At the same time, it is the author’s belief that the factual cohabitation as it exists in domestic law, with its shortcomings herein presented, should not be recognised as a ground for legal succession, whilst, provided there is a revision of the concept of cohabitation in domestic law reflected in addition of the requirement of its registration, the domestic law should consider introducing the mutual legal succession between cohabitation partners.

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