Portugal : partnership bill proposition de loi, 1997
Textes/ Portugal

Article 1
(Aim)

This diploma equalises the rights of members of a family living together to married couples, in what concerns civil, fiscal, social and labour matters, maintaining however the specificities of either situation.

Article 2
(Application)

1. The present diploma applies to those who, having attained majority or being emancipated, notoriously live in a situation similar to married couples for at least two years.

2. What is stated in the preceding item does not apply to those who still maintain marriage links or those subjected to marriage impediments specified in the Civil Code.

Article 3
(Extension of rights in civil matters)

Partners living together receive the same benefits of protection the married couples do, and rights such as:

a) transmission of lease rights

b) adoption

c) nourishment

d) right of residence

The 85th article of the Urban Lease Regime will be changed as follows:

Article 85
(Transmission of lease rights)

1. Lease contract will not end by death of the first tenant. Not even with the death of the person in the following situation: consort not judicially separated or person living in union with the first tenant for at least two years, when the tenant is not married or judicially separated. (...)

Article 4
(Adoption)

1. Heterosexual couples living together for a minimum of four years and being at least 25 years old may adopt, according to article 1979 of the Civil Code, if they are not married or judicially separated. 2. Couples living together may also adopt each other's children.

Article 5
(Rights related to the end of the union of unmarried couples living together)

1. The members of the union in this situation will be subjected to the same condition of married couples in what concerns nourishment and according to the items stated in the Civil Code.

2. In the situation mentioned above, the court may give lease to each of the members of this union, if required, the family residence if it belongs to the other partner, considering the interests of their children.

Article 6
(Rights related to the end of the union due to the death of one of the partners)

1. If one of the members of this union dies, and he is the owner of the family residence, the other member has the right of keeping it if there is not anything against this in a Will.

2. The right of residence ends when the surviving member remarries or begins a new relationship.

Article 7
(Legislation related to foreigners and the right of asylum)

In what concerns legislation about entry, exit or expulsion of foreigners from the national territory and the rights to asylum, members of a union have the same rights of consorts when notoriously living together for at least two years.

Article 8
(The same fiscal rights)

Registered union of unmarried couples living together, as stated in article 1 of this document, will benefit, in what concerns taxes, of the same rights established for married couples.

Article 9
(The same social rights)

In social security matters, registered unions of unmarried partners living together will benefit the same way married couples do.

Article 10
(The same rights in working matters)

As for holidays and absences from work, registered unions of unmarried couples living together have the same rights of married couples.

Article 11
(Register)

1. Due to what is expressed in articles 11 through 13 of this diploma, the unions above mentioned have to be registered in a book existing in Regional Social Security Centres of the members of the union's area of residence.

2. The above mentioned register depends on the testimony, under oath, attesting the existence of the union.

3. Members of the union may cancel the register anytime, declaring this intention together or individually.

4. It is not possible a new register without cancelling the previous one.

Article 12
(Estate of Property)

The estate for property applied to unmarried couples living together is separate estate. However, other options are possible if the members of the union declare their intention in a contract.

Article 13
(Regulation)

Government will approve, 90 days after the publication of the present diploma, the necessary legislation to provide its execution.

Article 14
(Coming in force)

The present diploma comes in force with the approval of the budget for the economic year of 1998.

France QRD other partnership texts

Last modified: Fri Apr 24 21:49:13 MET DST 1998 Copyright Gais et Lesbiennes Branchés, © 1997