Constitutive elements of de facto unions
(4) Not all de facto unions have the same social weight or the same
motivations. When describing their
positive characteristics, over and above their common negative trait of
postponing, ignoring or rejecting the matrimonial union, some elements stand
out. First, there is the purely factual
character of the relationship. It
should be pointed out that these unions imply cohabitation that includes a
sexual relationship (which distinguishes them from other forms of
cohabitation), and a relative tendency toward stability (which distinguishes
them from sporadic or occasional forms of cohabitation). De facto unions do not imply marital rights
and duties, and they do not presume to have the stability that is based on the
marriage bond. They are characterized
by their strong assertion to not take on any ties. The constant instability that comes from the possibility of
terminating the cohabitation is consequently a characteristic of de facto
unions. There is also a certain more or
less explicit “commitment” to “mutual fidelity”, so to speak, as long as the
relationship lasts.
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