Adopcja prosta – kontrowersyjny sposób na stworzenie więzi prawnej między konkubentami. Analiza prawa francuskiego

Abstract

In spite of a legal definition of cohabitation, the French legislator did not regulate neither personal nor property relationships between cohabitants. Cohabitation remains a purely factual situation and in light of law, cohabitants are strangers to each other. There are no formal ties between the cohabitants what affects their property relations. Despite the rejection of a formalized union such as marriage or PACS (Pacte Civil de Solidarité, civil pact of solidarity), some cohabitants want to create a legal dimension of their relationship, very often for reasons of property and inheritance. This has led to controversial attempts to use simple adoption between cohabitants. Therefore French courts had to settle whether such a solution is possible. Unanimously and firmly, French authors and jurisprudence accept the view that simple adoption between cohabitants is unacceptable. This institution cannot be used to legitimize cohabitation because it would be contrary to its primary purpose, which is to create a legal relationship imitating a parental bond. It is also impossible to use simple adoption by cohabitants to regulate their property relations. In both cases we would be dealing with the distortion of the institution of simple adoption.