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Cohabitation : current legal solutions
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Probert, Rebecca (2009) Cohabitation : current legal solutions. Current Legal Problems, Vol.62 (No.1). pp. 316-345. doi:10.1093/clp/62.1.316 ISSN 0070-1998.
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Official URL: http://dx.doi.org/10.1093/clp/62.1.316
Abstract
This paper considers the arguments that have been advanced to justify giving cohabitants the same rights as married couples, and suggests a number of reasons for caution: first, the fact that these are uncharted waters, given the relative novelty of cohabitation as a family form; secondly, the evidence that suggests that a ‘functional’ approach may actually justify rules privileging marriage; and, thirdly, the indications that the law may indeed play a role in individual decisions. It then goes on to review recent developments in the areas of contract, property and family law and to re-evaluate their potential to meet the needs of cohabiting couples, viewed in the light of the demographic background. It concludes by advocating incremental change combined with a more wide-ranging review of the legal treatment of marriage and cohabitation.
Item Type: | Journal Article | ||||
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Subjects: | K Law [Moys] > KN Common Law, Private Law | ||||
Divisions: | Faculty of Social Sciences > School of Law | ||||
Library of Congress Subject Headings (LCSH): | Unmarried couples -- Legal status, laws, etc., Domestic relations, Cohabitation agreements | ||||
Journal or Publication Title: | Current Legal Problems | ||||
Publisher: | Oxford University Press | ||||
ISSN: | 0070-1998 | ||||
Official Date: | 2009 | ||||
Dates: |
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Volume: | Vol.62 | ||||
Number: | No.1 | ||||
Page Range: | pp. 316-345 | ||||
DOI: | 10.1093/clp/62.1.316 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access | ||||
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