The homosexual couples are discriminated for a long time in
many social, professional and economic circles. The oppressions
suffered by the couples omossessuali don't count him. In some
countries of the world, homosexuality is even sanctioned by the penal
code, which foresees for similar eventualities nothing few less that
the death penalty.
In Switzerland, the social fabric him evolved è fortunatamente
during the last years and the sexual tolerance seems by now an
acquired fact, at least in the majority of the voting population. Test
of it both that during the month of June 2005, Swiss people has
adopted for by referendaria the new federal law on the recorded
domestic union of homosexual couples, which improves notably the
juridical position of the homosexual couples, ancorché the same one
cannot be compared to 100% to the marriage. As described subsequently,
many rights and duties of the institute of the marriage, find again
however him also consolidated in the new law in review.
The new federal law allows the homosexual couples to make to record
their union de facto to the office of the civil state and therefore to
guarantee of it and to enact its inviolability of the juridical
profile. The domestic union of homosexual couples, if duly recorded,
besides consolidating an affective cohesion, it represents an
important wedge to regularize and to consolidate with rights and
mutual duties an union, that is equiparabile to the marriage for many
aspects. Besides, in fiscal circle, hereditary, of the social
insurances and of the professional foresight, the new law compares the
homosexual couples to the same stregua of those heterosexual.
There are nevertheless of the limits, volutamente imposed by the
legislator. For instance, to a homosexual couple it is not granted to
adopt a child. Also the new metologies of assisted procreation
(artificial inseminazione) they legally are not possible. To the
couple omosessaule, is not therefore he/she anchors possible to found
a family in the true sense of the word. Also nevertheless, despite you
determine limitations, he can quietly affirm, that a big footstep
before you/he/she has been anchored in the Swiss legislation,
protecting very well the homosexual couples, that now have the
opportunity to legally consolidate their communion and to adopt
responsibility, rights and mutual duties.
The law in fiction discipline a lot of dettagliatamente and in way
avanguardistico the union of homosexual couples.
As says, two people of the same sex can make to record their union
de facto near the office of the civil state. In such case, the
recorded people won't be considered as of the consorts, but as of the
couples disciplined by a recorded domestic union. The law foresees
some very precise conditions to be able to improve this recording.
Both the partnerses owe to have completed the 18° year of age and
being able of discernment. The recorded union is for instance
forbidden among relatives in straight line and between brothers or
sisters German, consaguinei or uterine.
It goes from itself that both the partnerses don't already owe to
be bound from a recorded domestic union or from a marriage. Says
otherwise, the partnerses have to be free from the point of view of
the civil state. Says otherwise still, who is bound by a recorded
domestic union you/he/she cannot get married. You will remember that
the marriage among people of the same sex celebrated to the foreign
countries they are not recognized in Switzerland. From the point of
view of the Swiss authorities these coppie nons can be considered
united by the matrimonial tie. Nevertheless, the change of the last
name intervened subsequently to a marriage of this kind can be
enrolled in the Swiss registers of the civil state. According to the
federal law on the recorded domestic union of homosexual couples, a
valid marriage celebrated to the foreign countries among people of the
same sex will be recognized therefore in Switzerland as recorded
The recording near the office of the civil state must personally be
effected by both the partnerses and you/he/she must have fortified
from a series of official documents, that our firm Miralux Fiduciary
Sagl can require and to prepare for the clientele intenzionata to
improve the recording
And' profit to underline that the recording of the domestic union
is public. This means that all the citizens can verify the recording
of the unions near the office of the civil state.
The partnerses omossessuali that has recorded their union is forced
to assist him and to reciprocally have self-respect
himself/herself/themselves, over whether to handle in common the
maintenance of the domestic union, every in the measure of his/her own
availabilities. Besides you/they can prepare, (to sell, to rent, to
cancel a contract of location, to hock, to mortgage, etc.) of their
common residence alone with the consent of both. On application they
have to exchange mutual information on their incomes, the substance
and the debts, as it already happens for law for the heterosexual
If a partner doesn't carry out to his/her own obligations of
maintenance e/o of assistance for the other partner, this last
you/he/she is able adire the legal streets and to ask to the judge for
the order of fulfillment.
The recording of the domestic union, doesn't have consequences on
the legal last name. Every partner maintains his/her own last name.
During the common life, every partners it represents the domestic
union for the current needs of the same one, of such sort that its
actions also force solidalmente the other partner. Nevertheless, every
partners it has his/her own good and he/she personally answers of
his/her debts. To avoid misunderstandings, every partner can make to
prepare an inventory of his/her good, operation that the Miralux
Fiduciary Sagl can certainly help to compile you.
For the medium of a property convention, that the Miralux Fiduciary
Sagl can assist you in his/her editing, the partnerses can arrange a
special regulation in case of breakup of the recorded union. Besides,
always through a convention of this nature, it is possible to prepare
that the good of the partnerses are separated according to you
determine legal norms rather than others. In practice, the recorded
couples, are able, through a special convention, to equip him with a
custom legal discipline to dependence of their demands and
A convention in such sense is highly for instance advisable in the
case in which one of the partnerses had some children. The convention
will owe disciplinary different problems of juridical and hereditary
nature that could rise.
For how much it concerns the right of the foreigners and the Swiss
citizen, valgono le same conditions that are applied to the
heterosexual consorts. For the recorded couples you/he/she is not
given nevertheless the possibility to access the procedure of
In the circle of the right successory, the social insurances and
the professional foresight, the law foresees for the homosexual
couples the same rights and duties of the heterosexual consorts. And'
nevertheless opportune to regularize such aspects through a special
convention e/od a will. It doesn't go in fact tuneless that the law in
fiction is new and that for the same one some preceding
giurisprudenziale doesn't subsist, neither in Switzerland, neither to
the foreign countries. you will be able therefore easily to understand
as is difficult to regularize and to foresee you determine situations
whereas, as it is legally the case in this new circle, experiences and
decisions don't exist.
In this sense the Miralux Fiduciary Sagl can assist you and to
recommend to the best on the to make himself/herself/themselves.
You for instance thinks about the fact that the law foresees for
the couple that wants to loosen the union of commune accord, the
obligation to turn to the civil judge. If the partnerses live
separated from at least one year, it is possible also the breakup of
the recorded union on appeal of a single partner. In such eventuality,
to you determine, restrictive conditions, the civil judge can order
some contributions of maintenance for a partner and to load of the
With the new law, he finally foresees that a partner, that is
occupied of the economy and of the domestic assistance for his/her
partner for years, has the right for law to a part of the inheritance.
You portion of inheritance is in such case identical of the consort
survivor of a heterosexual couple.
Thanks to the new law, a partner that interrupts his/her gainful
activity to devote himself/herself/themselves to the care of his/her
partner can now see him recognize an income of maintenance in case of
breakup of the recorded union.
With the recording of their union, the homosexual partnerses have
therefore the possibility to consolidate and disciplinary in way
chaira and sure their communion of life.
The law on the recorded domestic union, although you don't
implicate onerous adjustments to the homosexual couples, it previously
imposes rights and nonexistent obligations. And' advisable in this
case to foresee through a convention the relationships of dare/avere
among the partnerses.
The recorded domestic union is an ultramodern juridical institute,
in truth very flexible, that to a disciplinamento done custom is lent
well a great deal for the specific homosexual couple, that can
regularize then his/her own
advantages, assignments and obligations through a special convention.
You remembers that the law on the recorded domestic union
into effect since January 1st 2007.
The Miralux Fiduciary Sagl can give you
all the informations and assist you in this matter.