The interplay between private autonomy and social solidarity as the legal dilemma of senior cohousing
Year: 2026
Type: article
Abstract: The paper seeks to explore senior cohousing as an emerging legal phenomenon standing at the crossroads between private autonomy and social solidarity. Demographic ageing and the erosion of traditional family structures have raised new issues for European legal systems to cope with, challenging conventional frameworks governing housing, care, and interpersonal relationships. Drawing on comparative analysis, the study explores how Spain, France, Germany, and Italy articulate legal solutions to solidarity-based cohabitations among older people, revealing divergent models that variously rely on contractual autonomy, statutory protection, or hybrid regulatory schemes. Foreign experiences – from Catalonia’s mutual-aid cohabitations and Valencian collaborative housing to France’s Housing, Development, and Digital Law and Germany’s ‘community of responsibility’ – highlight the growing tendency to connect occupancy rights not merely to property titles but to the social function and status of cohabitants. The paper argues that senior cohousing requires recognition as a distinct legal formation grounded in voluntary, non-familial solidarity, demanding regulatory solutions capable of stabilizing housing arrangements while preserving individual autonomy. Ultimately, the research aims to show that contemporary legal systems are gradually shifting from family-centred notions of solidarity toward more flexible, community-based models, offering a framework for rethinking the governance of ageing, housing, and care in contemporary societies.
Source: Prosperitas
Author: Paola Francesca Rizzi
Institution: University of Bari Aldo Moro
Language: English
Subfield: Urban Studies
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7160640122