(On this essay, because of my lack of skills in greek,and the bad quality of the translation website, i had to do with the fact that the greek bill does not precise all and i have to comment just what its written in)
We are going to see the difference and the similaritiesbetween the recent cohabitation contract in Greece and the PACS in france which are an other form of civil union with the most famous: the marriage.
This comparative study will be based on the greek bill about the cohabitation pact and the french bill concerning the ¨PACS.
The civil solidarity pact is a form of civil union.This is a contract under French law. The law establishing the PACS waspassed in 1999 under the Jospin government. The PACS is a contractual partnership between two adults (partners), regardless of their sex, whose purpose is to organize their common life. This text is born of a desire to fill the legal vacuum surrounding unmarried couples, including homosexuals. Unlike marriage, the PACS is open to same-sex couples. It provides a comprehensive legal framework,unlike cohabitation, which is a simple union of fact devoid of any status, with more flexibility than the marriage is an institution carefully regulated for the purpose of founding a family. Marriage keeps him its symbols, under his name, but its impact on families is decreasing: it has no effect as regards parental authority or education of children, even the symbolic family book has been issued since1974 to unmarried parents. Over 700 000 PACS were signed during the first ten years of existence of the device, from 1999 to 2009 . Its realization, from design to implementation, was long and difficult. The first act on the PACS, which focuses on ownership, has been amended by the Act of June 23, 2006, which now provides, in the absence of contrary agreement, a property regime similar to that ofthe husband who, by marriage contract, adopted the separation of property. In addition, the tax system PACS was gradually approaching that of marriage.Greatly improved the legal regime of PACS continues to present various disadvantages or shortcomings, particularly as regards social benefits, death of partner, international couples, let alone committed partners before 1 January 2007, which remainsubject to the regime of old law.
The 26.11. 2008, in the law 3719 on « Reform on the law relating to the family, the child, the society and other provisions » , the government of Greece by 13 articles recognized legaly unmmarried couple through a legal partnership status through the name of « cohabitation contract ». It concern the cohabitation between persons of different sex. It is thefirst time that cohabitation has been regulated in Greece.
I ) Conditions required to establish a cohabitation pact and a PACS
To begin, it is important to note that both forms of union are primarily contracts. Therefore, the basic element to remember is the intention of both contracting parties to form the contract. This intention should not be obviously flawed (error, fraud, violence, etc.etc. ...). Moreover, a necessary prerequiste for the conclusion of a PACS and a cohabitation contract is that both parties are fully capable of concluding juridical acts. Indeed, for the PACS, if one partner is under guardianship, the guardian authorized by the family council or, failing that, the guardianship court may terminate the Covenant
Concerning the elements that can invalidate thecontract we can observe some differences between the Greek system and the French regime.
For example, in the French PACS system, it is prohibited from forming a PACS between ascending and descending in a direct line between in-between direct and collateral to the third degree inclusive, while the contract of cohabitation Greek pushes ban the fourth degree inclusive. In addition, the legislation...