Research Paper on Civil Unions

Civil union (also civil partnership, home partnership, internal partnership, registered partnership, unregistered partnership and other) in different countries designates recognized by the state social institute, legalizing the relations of two not committed people of the same gender status. In some states civil union are also available for the partners of different gender status.

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It should be noted that terminology for denotation of legal form of civil unions is largely conditional and can imply both the grant of minimal rights and their complete list, when only distinction with same-sex marriage is only in terms.

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The term “civil unions” refers to the legal social institute recognized by the state, which implies the relations of two people of the same sex, who are not legally or traditionally married.

Taking into account the circumstance that marriage is defined as a legal form of mutual relations of man and woman, regulated by the norms of Constitution, legislation acts, containing the norms of family law, it is suggested to define the new social institute as civil union (civil partnership, home partnership, internal partnership, registered partnership, unregistered partnership), allowing to both the partners of the same sex and men and women relationship legalize their relationship.

Establishing of such a social institute has for an object to give to the partners next rights:

  • the right not to testify against the partner (it is unalienable right for the partners in traditional marriage);
  • the right for common joint property of partners (before such mode of property was exceptionally legal for the traditionally married couples);
  • the right for heritable property in case of the partner’s death and other rights.

The institute of civil unions in dinstinction from the institute of marriage does not suppose adoption, guardianship and patronage and other rights for partners in regard to children. Coming from substantial differences in possible legal definitions of marriage and civil unions, there emerges a necessity to define “marriage” and “civil union” in the domestic codes of decision of concepts. Taking into account the requirements of international law in the field of human rights, and also modern character of public relations, civil union is recognized as an inalienable institute of family and civil law.

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