What is applicable to a man and a woman who are in an extramarital union could soon be applied to homosexual couples who live together. Namely, the pre-draft of the Civil Code foresees the introduction of same-sex extramarital communities into Serbia.
In this case, gay partners would have the same rights as everyone else who lives extramaritally. For example, after the breakup, they would have to divide the property or, have the right to support, if they are not able to work.
This proposal was presented at the last presentation of the pre-draft of the Civil Code on Budva's legal days.
One of the authors of the pre-draft report, Olga Cvejic Jancic, stated that it is not possible to introduce marriage for same-sex partners, as this is not in accordance with the Constitution. As she explained, the Constitution provides that marriage is concluded on the basis of the freely given consent of a man and a woman before a state body. Thus, the recognition of the right to marry a person of the same sex would constitute a direct violation of the Constitution.
However, this is not the case with the same-sex extramarital community.
- The third version of the Pre-Draft envisages the recognition of property rights arising from the community of two persons of the same sex, because it is a predetermined extra-marital union - stated Cvejic Jancic, speaking at the Budva legal days.
- As a key argument, the professor stated that we can not close our eyes to the existence and needs of this circle of people. It can be a thinking point, but it can not be a key argument. I consider that the introduction of same-sex extramarital communities would be the opening of the door for the introduction of other forms of same-sex communities - said Simic.
In order to introduce same-sex extramarital communities, all factors must be involved, starting with church representatives to representatives of the LGBT community.
- You can't say that someone is a homophobe if you insist on solid reasoning and ask that such important matters for the legal order be considered by all relevant factors - says Simic.
According to the most recent definition, the extramarital community is a "lasting community of two persons of the different or same gender (extramarital spouses) among which there is no marital disturbance of blood relation, and none of them is neither in marriage nor in the joint community with another person. "
(Telegraf.co.uk / M. Leskovac)