RE GATERA ET AL.
RE GATERA ET AL. (PETITION FOR REPEALING UNCONSTITUTIONAL PROVISION)
Article 39 of Law No 59/2008 is not contrary to article 26 of the Constitution because it does not recognize unlawful marriages or grant marital rights, but ensures equitable sharing of property co-acquired or co-owned by persons who lived together as wife and husband. The law avoids injustice by preventing one party from appropriating property accumulated jointly, regardless of marital status.
Source excerpt
- Constitutionality of statutory provisions
- Property rights of cohabiting partners
- Marriage recognition
- Gender-based violence