The performance of the State in the institute of the stable union

Abstract

The stable union as a family entity, like the other family models, depends on the manifestation of will of the parties. The existence of the institute must be analyzed by the bias of the externalization of the will of the cohabitants. The stable union presupposes the desire to start a family, hence the need for a greater appreciation of the principle of private autonomy, that is, the subject has the right to choose the type of relationship he wishes to constitute with the other. Given the degree of freedom and intimacy that exists in relationships, the will of both cohabitants is an essential requirement for the establishment of a stable union, and the state cannot replace the autonomy of the will of one of them by a court decision. The problematic of the theme is the applicability of the studied institute, since the legal requirements did not accompany the transformation in the affective relationships existing in sec. XXI and continue to be applied in the same manner as they were applied in sec. XX, without considering changes that occurred in the way of relating between people, today's dating is very confusing with the stable union that existed in the 60s, which does not mean that the couple wants to constitute the stable union, so it is foolhardy to state action, and a more careful analysis in the judicial requests for recognition of stable union is imperative.