Victory for Poland's gays' rights before the ECHR!

Started by Martinus, March 02, 2010, 08:43:22 AM

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garbon

Quote from: Alexandru H. on March 03, 2010, 01:39:17 PM
I never touch homosexuals. Somehow it's icky to touch people that enjoy golden showers or ass-rimming.

Which all homosexuals enjoy and no heterosexuals enjoy.  :hmm:
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

ulmont

Quote from: Alexandru H. on March 03, 2010, 01:39:17 PM
Hmm... first of all, it's weird that the law allows someone to retain the lease just because he was the last to fuck the deceased. A lease is a legal act, signed by two parties and I can't see how fucking someone makes you part of the deal.

That's not what the law allowed.
Quote"1.  In the event of a tenant's death, his or her descendants, ascendants, adult siblings, adoptive parents or adopted children or a person who has lived with a tenant in de facto marital cohabitation, shall, on condition that they lived in the tenant's household until his or her death, succeed to the tenancy agreement and acquire the tenant's rights and obligations connected with [the lease of] the flat, unless they relinquish that right to the landlord. This provision shall not apply to persons who, when the [original] tenant died, had title to another residential dwelling.

2.  In cases where there is no successor to the tenancy agreement, or where the successors have relinquished their right, the lease shall expire."

A de facto marriage, as noted previously, requires "emotional, physical and also economic bonds between the partners."

This is essentially allowing leases to be inherited between family members, as expansively defined (adult siblings etc.).

Quote from: Alexandru H. on March 03, 2010, 01:39:17 PMSo if I'm the owner of the building, I'm forced to accept someone to lease the apartment, at the same value as the last one, instead of being able to auction it to the highest bidder? That's fucked up...

This can't be the first time you've heard of rent control.

Alexandru H.

Not very familiar with it. I've heard of it, sure, but not very accustomed in Europe with it.

Martinus

Quote from: Sheilbh on March 03, 2010, 01:35:47 PM
Quote from: Razgovory on March 02, 2010, 04:34:46 PM
Quote from: Martinus on March 02, 2010, 08:49:28 AM
It's something similar to a common law marriage in the Anglo Saxon law or cohabitation under certain civil law syste,s - it is not a formal marriage, but the state recognizes that it gives the partners certain rights.

Essentially this ruling says that even though the Polish constitution defines the "legal" marriage as a marriage between a man and a woman, this does not mean the Polish state can refuse to recognize a de facto cohabitation of same sex partners.

So simply living with someone long enough you can just inherit their stuff?
Marriage-like matters in the UK.  If, for example, you lose your job and claim benefits you'll be turned down if you're living with someone who is earning and married to you, your civil partner or in a 'marriage like relationship with you'.  It means living and sleeping with.

Same in Poland. In fact, a couple of years ago a gay guy was denied social benefits on account he was living with a partner who had a job and was rich. So essentially the ruling is saying you can't have it both ways and treat gay couples differently depending on a whim.

Martinus

Quote from: Alexandru H. on March 03, 2010, 01:46:12 PM
Not very familiar with it. I've heard of it, sure, but not very accustomed in Europe with it.

Errr, you mean Romania probably, since this is a fairly common legal institution in Europe.

Alexandru H.

Quote from: Martinus on March 03, 2010, 01:50:06 PM
Quote from: Alexandru H. on March 03, 2010, 01:46:12 PM
Not very familiar with it. I've heard of it, sure, but not very accustomed in Europe with it.

Errr, you mean Romania probably, since this is a fairly common legal institution in Europe.

I've lived in Germany for some time and never saw it. (didn't rent anything, so it wasn't an interesting topic).

In Romania, 96% of all people are home owners. My first thing to do after finishing college was buying a house. We don't like tenants, gays or unGodly people. We also hate garlic  <_<

Razgovory

Quote from: Sheilbh on March 03, 2010, 01:35:47 PM
Quote from: Razgovory on March 02, 2010, 04:34:46 PM
Quote from: Martinus on March 02, 2010, 08:49:28 AM
It's something similar to a common law marriage in the Anglo Saxon law or cohabitation under certain civil law syste,s - it is not a formal marriage, but the state recognizes that it gives the partners certain rights.

Essentially this ruling says that even though the Polish constitution defines the "legal" marriage as a marriage between a man and a woman, this does not mean the Polish state can refuse to recognize a de facto cohabitation of same sex partners.

So simply living with someone long enough you can just inherit their stuff?
Marriage-like matters in the UK.  If, for example, you lose your job and claim benefits you'll be turned down if you're living with someone who is earning and married to you, your civil partner or in a 'marriage like relationship with you'.  It means living and sleeping with.

If there is no sex then it doesn't count?
I've given it serious thought. I must scorn the ways of my family, and seek a Japanese woman to yield me my progeny. He shall live in the lands of the east, and be well tutored in his sacred trust to weave the best traditions of Japan and the Sacred South together, until such time as he (or, indeed his house, which will periodically require infusion of both Southern and Japanese bloodlines of note) can deliver to the South it's independence, either in this world or in space.  -Lettow April of 2011

Raz is right. -MadImmortalMan March of 2017

Jaron

If regular marriage was the same, Berkut would be in trouble.  :cool:




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