Common Law Marriage? Legal? Elements?

[gringosabroso]

I remember reading @ a DR Supreme Court [or ?] decision recognizing common law marriages in the DR; I made no note of it.
* Are common law marriages recognized in the DR, for 2 people of the same sex cohabiting in the DR? Requirements?
* By statute. By judicial decisions? What are the elements, or requirements? Procedures? Thank you.

[Hillbilly]

NO.
Homosexual relations are not recognized by Dominican law.

Otherwise, yes.

HB

[Fabio J. Guzman]

Common law marriages do not exist in the Dominican Republic. Living together is never equivalent to a normal marriage. However, certain provisions in the Labor Code, the Minors Code and the Criminal Code acknowledge that living together has legal consequences. For example, a worker has the right to a few days off work if his concubine gives birth to his child; domestic violence to a concubine is treated the same as domestic violence to a wife. A Supreme Court decisiion in 2001 gave a surviving concubine the right to sue for the wrongful death of her companion in an automobile accident under very restrictive conditions: a) the couple must have lived as if they were husband and wife, in a public relationship, not hidden or secret; b) the relationship must be stable and long-lasting; c) the relationship must be monogamous and non-adulterous since its origins ; and d) the couple should be of different sexes. The ruling goes on to say expressly that "marriage and extra matrimonial companionship are not . . equivalent realities”.

A bill was introduced in Congress some time ago to create common law marriages. I doubt it will ever pass since the Catholic Church is dead set against it.

[gringosabroso]

Dear Atty. Guzman,
Thank you for such a comprehensive & wide ranging reply.
Related questions: assuming a DR concubine & a foreign "patron", living together for 6 consecutive years, near exclusively, no children: is the patron responsible for any of the concubine's debts? Under any circumstances?
Assume that the debit is her's alone; & that the amount of the debt is not challenged.
Again, many thanks.

[juanj]

"concubine: In certain societeis, a woman contracted to a man as a secondary wife, often having few legal rights andlow social esteem"

With this as a given was the Op strictly defining "cohabitants [man/woman]", and not necessarily what the above American Heritage dictionary's definition of "concubine" is? It would seem that by the "certain provisions" exceptions quoted from the good Attorney Guzman above, would lend to otherwise quality "decent"/non-concubine cohabitation? Concubine seems to give an "illicit flavor" to two persona living together. Further, by the "concubine" definition, it seems that "secondary wife" would imply a "primary" wife, yet further from the "co-habitating" as non-married - but filling the "exceptions" defined by Attorney Guzman. In a nutshell, is the OP asking about man/woman living together, unmarried; or a "mistress-type" relationship?

[marliejaneca]

In a nutshell, is the OP asking about man/woman living together, unmarried; or a "mistress-type" relationship?[/

No - he is asking about persons of the same sex.

* Are common law marriages recognized in the DR, for 2 people of the same sex cohabiting in the DR? Requirements?

Marlie

[gringosabroso]

I made an unforunate & critical error in my OP.
* I wrote of "the same sex"; I intended to write "of the opposite sex"! Or, of "the opposite sexes".
* My intent, very poorly expressed, was to determine the legal rights under DR law of an unmarried man [foreign or DR] living with an unmarried woman [foreign or DR] for a substantial period of time [ex. 10 years], in a sexual relationship w/o having children by each other.
Careless of me! Very careless! I apologize to all whom I misled.
* "Concubine"? This was Atty. Guzman's noun, an English word, presumably translated from a noun in Spanish. I'm not sure if an American dictionary translation of "concubine" is 100% applicable to the Spanish approximate equivalent.

[Lambada]

Originally Posted by juanj

"concubine: In certain societeis, a woman contracted to a man as a secondary wife, often having few legal rights andlow social esteem"

With this as a given was the Op strictly defining "cohabitants [man/woman]", and not necessarily what the above American Heritage dictionary's definition of "concubine" is? It would seem that by the "certain provisions" exceptions quoted from the good Attorney Guzman above, would lend to otherwise quality "decent"/non-concubine cohabitation? Concubine seems to give an "illicit flavor" to two persona living together. Further, by the "concubine" definition, it seems that "secondary wife" would imply a "primary" wife, yet further from the "co-habitating" as non-married - but filling the "exceptions" defined by Attorney Guzman. In a nutshell, is the OP asking about man/woman living together, unmarried; or a "mistress-type" relationship?

That is brilliant. Are you by any chance a lawyer juanj or just someone with a great sense of humour?

[marliejaneca]

I was wondering when you had changed your ways!

Marlie

[juanj]

[ "Concubine"? This was Atty. Guzman's noun, an English word, presumably translated from a noun in Spanish. I'm not sure if an American dictionary translation of "concubine" is 100% applicable to the Spanish approximate equivalent.]

I see your point. I see, too, though, that it is really not "Atty. Guzman's noun" at all, but instead, an English noun, and must "stand on its own, in the context used". Further, I would have been better satisfied if the very author himself (honorable Guzman) had made your point.

It is also good that the OP clarified the opposite sex end of the question. I reiterate the distinctions I made: given man/woman, non-concubine, co-habitating - would these not on face seem to satify the "exceptions"?

Yes, I am a jurist.