STABLE MARRIAGE OR QUALIFIED DATING?

Abstract

The legal distinction between a stable union and qualified dating, including the concept of "long dating," fundamentally lies in the partners' intention to constitute a family. While qualified dating projects the formation of a family in the future, without a current common cohabitation or effective family commitment, a stable union is characterized by the current existence of a family entity, manifested by the animus familiae. Elements such as the mutual treatment between partners (tractatus) and the social recognition of the relationship (reputatio) are essential for identifying the nature of the relationship. Such criteria help to differentiate the stable union not only from qualified dating but also from engagement, which, although it denotes a promise of marriage, does not establish by itself a family entity comparable to a stable union. Thus, the analysis of the partners' intentions, along with the public perception of their relationship, is determinant for the legal implications arising from these different affective arrangements.