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Constitutional law RLR V.4-2020

Re. GLIHD

Paragraph 2 of article 39 of Law N° 59/2008 does not infringe on the constitutional rights to equality, non-discrimination, or property, as the law is not intended to deprive property rights to cohabiting partners who separate for reasons other than marriage. Supreme Court precedents establish that property acquired jointly by cohabiting partners is to be shared upon separation, regardless of the reason, and the doctrine of precedent ensures lower courts must follow this principle.

  • Right to property
  • Equality before the law
  • Non-discrimination
  • Doctrine of precedent
  • Cohabitation and property rights
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