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Irregular Union


Article 98. – (1) Definition.

An irregular union is the state of fact which is created when : man and a woman live together as husband and wife without having concluded a valid marriage.

Article 99. – (2) Explanation.

1)    It is necessary and sufficient in order to have an irregular union that the behavior of the man and of the woman be analogous to that of married people.
2)    They need not represent themselves to third parties as being married.
3)    The mere fact that a man and a woman keep up sexual relation between them, even if repeatedly and notoriously, is not sufficient by itself to constitute and irregular union between such man and a woman.

Article 100. – No Bond of Affinity Created.

1)    An irregular union shall not create any bond of affinity between the man and the relatives of the woman, and between the woman and the relatives of the man.
2)    The provisions concerning impediments to marriage in the case of affinity shall, however, apply in the case of an irregular union.

Article 101. – Contribution to Common Expenses.

The man and the woman living in an irregular union shall contribute to the common expenses in proportion to their respective means.

Article 102. – Community of Property.

1)    Without prejudice to agreements entered into between the man and the woman engaged in an irregular union concerning the administration of their property, property acquired during such relation shall be common property provided that the relation has lasted for not less than three years.
2)    Unless proved to the contrary, properties they have during their cohabitation shall be considered to have been acquired within such relation.
3)    The man and the woman engaged in an irregular union shall be jointly and severally liable for all debts incurred for their maintenance, or for the maintenance of their children born of such union.

Article 103. – Effects if Community of Property.

Where community of property is created in accordance with Sub –Article (1) of Article 102, matters pertaining to the administration of property, payment of debts, and liquidation of property shall be dealt with in accordance with the provision of this Code relating  to Liquidation of Pecuniary Relations of Spouses (Art. 85-93).

Article 104. – Filiations of Children.

The filiation of children born of an irregular union shall be established in accordance with the provisions of the Chapter of this law relating to Filiation.

Article 105. – Termination of Union.

1)    A man and a woman engaged in an irregular union may, at anytime put an end to such union.
2)    Without prejudice to the provisions of Article 102 of this Code, the party who terminates the union shall not be liable to pay damages unless he commits fault.

Article 106. – Proof of Union.

1)    An irregular union may be proved by the possession of such status.
2)    A man and a woman may have the possession of the status of persons living in an irregular union when, although they are not married, they behave as such, and when their families and the community consider them living as married couple.
3)    If one of the parties is capable of proving the existence of the state of fact provided under Sub-Article (2) of this Article, the court shall presume that they live in an irregular union.
4)    The above presumption may be rebutted by producing any kind of reliable proof.

Article 107. – Other Relations out of Marriage.

1)    Relations established between a man and a woman out of wedlock or out of an irregular union shall have no juridical effect attached to them.
2)    Without prejudice to the provisions of this Code relating to Acknowledgement of paternity or Adoption, children born of such relationships shall have a juridical bond only with their mother.