Which the difference between Affair and Unity Stable?

The difference between dating and a stable union is a very common question, and one that isn't always easy to answer. Both dating and a stable union have their own rules, and we'll try to understand each of them.

Initially, dating has no legal definition or concept, and does not generate any family or inheritance rights. Mutual liability between couples is much lower, with almost no legal consequences.

A Stable Union is legally provided for and is recognized as a family entity of lasting, public, and continuous cohabitation, with the goal of establishing a family. There is no minimum length of time for a Stable Union to be established, much less that the couple must reside in the same home.

Although the law defines that a Stable Union would only exist in a relationship between a man and a woman, today there are no longer any impediments for same-sex couples to form one, much less convert it into marriage.

Therefore, all movable and immovable property created within the common-law marriage is jointly owned by the couple. The common-law marriage grants family and inheritance rights to the couple, with some effects similar to marriage.

The main difference between Dating and Stable Union is the subjective factor of the couple, the will or desire to form and maintain a family. If there is no desire to form a family, we are faced with a relationship.

In a legal proceeding for recognition of a Stable Union, the aim will be to prove this desire to form a family; the mutual commitments assumed by both parties in their daily lives; and the ongoing, public, and lasting cohabitation; through all legally accepted means of proof.

It is important to make it clear that each case must be analyzed according to its specificities and particularities.

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Victor Habib Lantyer
lantyer.com.br

Lawyer, professor, author, and researcher specializing in Digital Law, AI, Intellectual Property, and the LGPD. He is the author of the book "LGPD and Its Impact on Labor Law" and "Digital Law and Innovation" and has over seven legal works. He is a member of the Permanent Technology and Innovation Committee of the Brazilian Bar Association (OAB/BA), coordinator of the Artificial Intelligence coordination team, and a member of the LGPD and Metaverse coordination teams. He is a member of the National Association of Digital Law Attorneys. He is the creator and creator of the Lantyer Educacional website (www.lantyer.com.br), which simplifies legal matters in a simple, easy, and democratic way.

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