The Implications of Cohabitation Regarding the Child Born out of Wedlock

Abstract

Due to the modernization of individuals' thinking within a society, their perceptions of life and the way of living in a broad sense change rapidly and uncontrollably. In modern society, we observe that even the concept of family is beginning to take increasingly diverse forms. In a first understanding we have the idea of traditional family, a concept that is represented by the ideea that a man and a woman have to marry with the purpose of having and raising a child—this concept being distinct from that of the modern family. Today, many young people conceive of a family even in the absence of an official marriage, a situation where the two partners choose to live together in cohabitation. This paper focuses on analyzing cohabitation as a concept that is becoming more and more common, much more so than in previous years. Cohabitation affects not only the legal regime of the couple's assets but also the way in which the child is raised and educated, an aspect deeply explored in this article. Lastly, reference is made to the succession rights of cohabiting partners. The research is based on methods such as the analysis of numerous factual situations in relation to the surrounding environment, targeting a diverse group of individuals from distinct family and social backgrounds. It was observed that young people with a more traditional mindset tend to come from rural areas or small towns, where the family represents the social nucleus. Subsequently, a careful analysis of the legal texts was carried out, revealing a significant legislative gap, which led to the emergence of proposed legal reforms. The analysis of legal texts was conducted in a comparative manner, considering both civil codes from Romania and the Republic of Moldova, as well as the Civil Codes of countries such as France and Spain. UDC: 347.628.42