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 domestic union.

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 couples.

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 expectations.

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 facilitated naturalization.

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 other.

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 is go into effect since January 1st 2007.

The Miralux Fiduciary Sagl can  give you all the informations and assist you in this matter.