Property relations between partners in non-marital and same-sex unions

By defining the concept of a non-marital union in the Family Law of the Republic of Serbia, the legislator highlights the key similarities and differences between non-marital and marital unions, particularly in terms of their formation and the evidentiary standards required to establish their existence—factors that directly impact the exercise of property rights. The authors’ intention is to present, through an analysis of broader scholarly literature and relevant judgments of the European Court of Human Rights, the nature and various approaches concerning property relations in nonmartial and same-sex unions. The study employs a comparative legal method, analysis of statutory provisions, legal doctrine, and case law. By examining relevant legislative provisions and judicial decisions, the aim is to assess the legal framework, identify challenges in its application, and explore potential avenues for extending the protection of these relations within the existing legal system, taking into account the practice of the European Court of Human Rights and the principles of non-discrimination.