Dating is an affective relationship between two people that is not characterized as a family entity, although it can be a preparation for starting a family.
simple dating fits into an open relationship, hidden or without commitment, and is not to be confused with a stable union. Qualified dating, on the other hand, is one with continuous, solid coexistence, before society, and which is very confused with stable union due to the same objective requirements, namely, absence of marriage impediments, lasting, public and continuous coexistence.
The difference between qualified dating and stable union is the subjective requirement, that is, the desire to start a family, which must be consummated, because in addition to the existence of affection, it is realized with mutual assistance in which the couple be a family reference in the social environment.
It is worth mentioning that the stable union is a form of family formation, it is what the CRFB says, this theme is clear in art. 226, § 3, we have to:
The stable union between man and woman is recognized as a family entity, and the law must facilitate its conversion into marriage “
Dating, on the other hand, is not considered a family entity, as there is no affectio maritalis, which is marital affection or the purpose of forming a family, although some characteristics such as stability, intimacy and coexistence are present.
And to differentiate the stable union from the qualified courtship, it is necessary to evaluate each particular case, being necessary the concomitant presence of all the requirements to recognize the stable union, because, externally, both are very similar. Attention should be paid not only to the affective bond, but mainly to the internal element of the animus, which is the desire to establish a family, through external and public characteristics, such as the commitments assumed in life and heritage, cohabitation, and in theory , the loyalty pact, in which they demonstrate the intertwining of interests and life. It is not only the inner spirit but also the appearance in facts and acts of life in common. This is the fine line that separates dating from stable union.
The differences that guide both cause consequences, that is, in the stable union, the partners are entitled to food, portion of goods and inheritance, while in dating, this possibility does not exist, except when there is some financial contribution in the couple’s future, in that, with the end of the courtship, causes some material damage, and there may be compensation.
Dating has no legal consequences. With the end of courtship, there is no sharing of assets (since there is no system of assets established in this type of relationship), there is no duty to provide reciprocal food or inheritance and social security rights.
The stable union works like a marriage in all its aspects. There are inherent duties to the couple, covering patrimonial issues, in addition to affective ones. So much so that if there is no document specifying the regime of goods chosen by the cohabitants, it is understood that the regime of partial communion of goods is in force, in which the common effort to acquire the assets during the relationship is presumed.