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

[Martinus]

Under Polish law, when a tenant of a flat dies, the "person who was at the time of death in a marriage-like 'factual' relationship with the tenant" can inherit the rights under the lease (this is important for protected lease agreements, which cannot be easily terminated by the landlord).

The case was brought by a guy whose gay life partner died and the Polish courts refused to recognize his inheritance rights, by claiming that a marriage-like 'factual' relationship can exist only between a man and a woman (the Polish constitution recognizes only marriage between a man and a woman).

The ECHR ruled today that this interpretation was unjustified and violated the European Convention of Human Rights.

The ruling is final. 

[Razgovory]

What is a marriage-like factual relationship?

[Martinus]

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.

[Josquius]

(the Polish constitution recognizes only marriage between a man and a woman).

Thats one damn thorough constitution....

[Neil]

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.

Of course they can.

[PDH]

This thread is gay.

[garbon]

This thread is gay.

know wai

[MadImmortalMan]

So, if the commission rules against Poland's constitution, what happens? Does it change the law or only affect the case in question?

[The Brain]

Does it have to be consummated?

[Jaron]

How cute.

This is similar to animals celebrating that their masters have decreed they are free to walk around their cages as they wish.

[Martinus]

So, if the commission rules against Poland's constitution, what happens? Does it change the law or only affect the case in question?

This is not a ruling against the Polish constitution.

[Alcibiades]

[Razgovory]

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?

[Martinus]

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?

Here it's just the inheritance of lease, but you know that the common law marriage in Anglo Saxon countries gives some inheritance rights, right? 

[Alexandru H.]

That's a moronic decision. What the hell does a "marriage-like 'factual' relationship" mean in a country where same-sex marriages are not recognized by law? Is it enough I'm your roomate, that we have only one bed? Or the turning point is that we have sex with one another, therefore we are in a relationship that resembles marriage? WHEN DID SEX BECAME THE SYNONYM OF MARRIAGE?

The decision would be equally stupid if the two characters would have been man and woman. Just for having sex with someone I get to inherit her things? Wow, where's the line... I want to get them first...