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Jurisdiction: Czech Republic
Source: L.L. Otáhal, "Formalisation of legal family formats in Czech Republic". In: K. Waaldijk et al. (eds.), The LawsAndFamilies Database – Aspects of legal family formats for same-sex and different-sex couples. Paris: INED, 2017, www.LawsAndFamilies.eu, LawsAndFamilies-CZ-Section1.pdf (please use this full citation when citing any information from this table).
Section: 1 - Formalisation
Question: 1.01 - Legal family formats
Which of the three legal family formats mentioned here are available to different-sex and/or same-sex couples?
(For the distinction between registered partnership and cohabitation, see section e of the Guidance for experts answering questions in the questionnaire. If there are two or more formats available for informally cohabiting couples, then please mention these formats separately in the explanation to this question.)
| Marriage | Registered partnership | Cohabitation | |||
|---|---|---|---|---|---|
| diff.-sex | same-sex | diff.-sex | same-sex | diff.-sex | same-sex |
| 2015 Yes 2014 | 2015 No 0000 | 2015 No 0000 | 2015 Yes 2006 | 2015 Yes 2014 | 2015 Yes 2014 |
| Yes 0000 | No 0000 | Yes 0000 | Yes 0000 | ||
| References to legal sources: Art. 655 of the Civil Code, No. 89/2012 Family Law, No. 94/1963. | References to legal sources: Art. 1 of the Registered Partnership Law, No. 115/2006. | References to legal sources: Art. 22 of the Civil Code, No. 89/2012. Art. 116 of the Civil Code, No. 40/1964. | |||
| Explanations and nuances: | Explanations and nuances: | Explanations and nuances: Since 1964 the Civil Code has considered as “next of kin” any person whose harm would be felt as one’s own harm. The Civil Code that entered into force in 2014 added to this that “next of kin” is also the person with whom one is permanently living together. Various Czech laws, but certainly not all, attach some legal consequences to the fact of being “next of kin” and/or of living together. Nowadays this mostly applies both to same-sex and different-sex cohabitants; see for example questions 2.2 (social benefits), 2.4 and 2.5 (leave to care for partner or parent of partner), 2.6 (next of kin for medical purposes), 2.7 (domestic violence), 2.8 (criminal procedure), 6.1 (tenancy continuation), 6.3 (inheritance), 6.4 (inheritance tax) and 6.6 (wrongful death). It is unclear since when same-sex cohabitants have been effectively covered by such provisions; the earliest examples documented in this questionnaire are: (loss of) social benefits since at least 1995 (question 2.2), wrongful death since at least 1996 (question 6.6), domestic violence since at least 2004 (question 2.7) and criminal procedure since at least 2006 (question 2.8). | |||
In the six time-lines in this table the year below an answer indicates that this answer applied since a certain day in that year. The year "0000" means that the answer applied since a certain day in an unknown year before 1965. An "X" means that this question was not asked for this legal family format. For an explanation of the possible answers (Yes; Yes, but; No; No, but; Doubt; ?; N/A) see the Guidance for experts answering questions in the questionnaire.