Bendro gyvenimo neįregistravus santuokos teisinio reglamentavimo problemos.
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The Constitution of the Republic of Lithuania declares society’s attitude towards the family, which is under the care and protection of the State (Art. 38). This constitutional provision is the key principle in law drafting. Moreover, it helps to solve theoretical and practical problems, which appear in the process of the family and the State interaction, the individual and society interplay. This provision should be taken into consideration especially in legislating marriage and family relation acts. This article presents the institution of cohabitation, which is one of the novelties of the Third Civil Code Book, titled "Family Law". Part 6 is called "Rights and Duties of Other Members of the Family". The norms of Chapter 15 regulate mutual property relations between man and woman living together without having their marriage registered. Fast globalization processes, social, economical and political changes have influenced the appearance of man’s and woman’s cohabitation derivatives, which by many theorists are considered as family alternatives leading to deinsti-nationalization of marriage and family relations. We cannot help appraising the situation that a number of cohabitants (factual marriages) have a tendency to grow. Consequently, the legislator cannot help reacting to such phenomena. In our opinion, provisions of "Family Law" of the Republic of Lithuania regulate the institution of cohabitation suggesting some contradictions. [...]
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