- What is concubinage?
- Concubinage in Ancient Rome
- Characteristics of the concubine
- Effects of concubinage
- Frequently asked questions about common law
We explain what concubinage is, its history, effects and characteristics. Also, frequently asked questions on the subject.
What is concubinage?
Concubinage is a type of marital union different from marriage, but one that provides its members with many of the rights enshrined in marriage. law for the protection of family nuclei. Just as the spouses are the ones who make up a marriage, the concubinage is made up of two concubines.
Since ancient times there have been more or less strict rules that regulate marriage, whether religious, cultural, social or legal. Consequently, the concubinage arises as an alternative for those who cannot or do not wish to marry, but live a joint life in cohabitation and wish to legally formalize their union before the Law.
This type of union is free, voluntary and responds to the rights and duties established by the local legal system. For example, in some countries it is legal to concubine between persons of the same sex, while others are not.
The concubinage has been a common figure in the history. In fact, many monarchs and leaders had both a wife and one or more concubines, depending on the tradition cultural, religious and legal of your nation. In modern times, however, it has become a legal figure accessible to anyone.
Concubinage in Ancient Rome
The word concubinage comes from Latin concubinus, which was the term in Ancient Rome for those young men chosen as lovers by their master, although it was also possible that it was a concubine, that is, a woman.
In principle, concubines were not too different from wives, except in their denomination and in the "dignity”Of their union, since they were usually young commoners or a social status that prevented them from entering into marriage.
On the other hand, they did not enjoy the material advantages of their relationship, and their children were not legitimate descendants of the nobleman who engendered them, but were "natural children", who could aspire to inherit at most one sixth of the assets of the dad. Even so, the roman law it prevented having several concubines at the same time, as well as several wives.
Characteristics of the concubine
Any concubinage is characterized by being:
- Voluntary. Nobody can force anyone to formalize a concubinage, just as they cannot force anyone to marry against their will. This is a desired link.
- Singular. The two subjects who form a concubinage can do so exclusively, that is, only if it is the only concubinage they have, as well as the marriage. You cannot have several concubines or concubines at the same time.
- Permanent. Concubines are long-lasting and stable unions, not temporary and ephemeral. You cannot formalize a relationship that no longer exists, obviously.
- Notorious. The concubinage is not a secret union, nor is it a figure to hide adultery, but it is a notorious bond, that is, formal, evident, in the face of the rest of the life. society.
- Requires cohabitation. Concubines must live together, with all that that implies. Those who do not share a home are not concubines.
The rest of the characteristics or requirements vary according to the legislation that governs the case, depending on the country and its legal system.
Effects of concubinage
The effects of cohabitation are determined by law, so they depend primarily on the applicable legal order. Even so, they are usually quite similar to those of marriage, giving certain conjugal rights to the common-law partners, although they do not generally possess the same type of full recognition of marriage for certain legal matters.
In general, concubines enjoy:
- Formalization of the bond. Concubines are real legal unions, which allow concubines to share health insurance policies, and which protect both parties in the event of separation in the distribution of properties obtained through mutual effort.
- Allow filiation. The children of concubines are protected by the same paternity law as the children of married couples, being able in the same way to inherit goods and receive the paternal surname, with full force of filial rights, such as alimony from the other parent in the event that the concubinage is broken.
- Family regulation. To family The product of a concubinage is considered legally equal to the family of a married couple, and they enjoy the same rights and duties towards the family nucleus.
Frequently asked questions about common law
Some of the most frequently asked questions about cohabitation are:
- How long does a marriage take to be a concubine?
It depends on the legislation, but usually a limit of two years of coexistence full, notorious and singular, to start a concubine relationship.
- Can the concubinage be broken?
Of course, at the discretion of the parties (or only one of them). In that sense, the concubinage is a freer bond than marriage, since it does not require a divorce.
- What happens if a concubinage breaks up?
As in other types of union, the less economically favored partner can negotiate with the other, through legal mediation, an equitable distribution of assets, a temporary pension for financial assistance (especially if he has children), a visitation regime for the children and other similar rights. All this must be supported by law.
- How can I formalize a concubinage?
The law of each country contemplates (or not) the possibility of formalizing a common-law marriage and its terms, as well as the specific duties, rights and benefits that each common-law partner will enjoy.