Cohabitation
In German legal jargon, a cohabitation is understood to be the long-term coexistence of sexual partners in a private household .
Colloquially, on the other hand, the expression “cohabitation” usually refers to a illegitimate sexual partnership , regardless of the sexual orientation of the partner.
Legal use of the term
"Table and bed"
In addition to assuming mutual responsibility and generally lifelong, the cohabitation, as mensa et thoro ( Latin for "with table and bed"), is a core element of marriage according to Section 1353 (1) BGB . A married person whose spouse z. Has set benefits or added love relationships with third parties as to leave the family home, may by § 1353 et seq BGB in. Family Court by producing action complain to a production and realization of cohabitation; On the basis of Section 120 (3) FamFG , such a judgment cannot be enforced, but the abandoned person can file an application for divorce on the basis of an unsuccessful manufacturing lawsuit.
"Non-marital cohabitation"
In German legal jargon, the term “living community” is used not only as a synonym for “table and bed”, but also as a collective term for partnerships with a common household, regardless of their legal status. Jurists use the expression in particular in the formulation "illegitimate cohabitation", which is increasingly replacing the term " marriage-like community " and describes in a contemporary way all forms of cohabitation of sexual partners who are not married to one another.
"Socio-educational community"
The German social law ( SGB ) also knows the concept of a socio-educational community in which educational professionals live together with children and young people who require constant professional care due to serious behavioral disorders.
Use of language in sociology
In sociological jargon, the term "community" (also: cohabitation ) is used as a generic term for all forms of coexistence between sexual partners that are common in a society. In the discourses of the politics of life forms , which deal particularly with the individualized societies of the Western world , the expression describes a wide range of forms of private coexistence.
In the older specialist literature, the term occasionally also refers to a social community in general.
Colloquial usage
Colloquially, the term is also used to denote religious orders , communities , communes and other collectives , the members of which join together to form a permanent community, including joint household management, because they follow a religious, spiritual or ideological program that encourages them or offers them the opportunity to choose an alternative to the forms of life that are otherwise relevant in the respective society.
The term cohabitation must be differentiated from the term Lebensbund (example: student union ), which provides for a lifelong mutual bond and obligation, but not necessarily a lifelong coexistence in the same household.
Individual evidence
- ↑ Heike Stintzing: Illegitimate cohabitation and legal regulation - a contradiction? Duncker & Humblot, Berlin 1992, ISBN 3-428-07609-5 ( limited preview in Google book search).
- ↑ Cf. for example Paul Brohmer : The communities in the service of National Socialist education. In: German education. Aug./Sept. 1936, pp. 497-506.
- ^ Otto Kühne: Art of living and living together in society and the economy . Duncker & Humblot, Berlin 1954 ( limited preview in the Google book search).