Same-sex relationships, choice of law and the continued recognised relationship theory

Hamilton, Frances and Clayton-Helm, Lauren (2016) Same-sex relationships, choice of law and the continued recognised relationship theory. Journal of International and Comparative Law, 3 (1). pp. 1-33. ISSN 2313-3775

[img] Text
SAME-SEX RELATIONSHIP CHOICE OF LAW AND THE CONTINUED RECOGNISED RELATIONSHIP THEORY JICL Final Version.docx - Accepted Version
Restricted to Repository staff only

Download (87kB)

Abstract

A clear choice of law rule should be applied to all same-sex relationships in terms of essential validity. Interest analysis allows us to look at the public policy reasons behind why a choice of law rule may be appropriate or inapposite. This technique can lead to unpredictable results. When coupled with depecage, a delineated splitting of competing policy inculcations, this allows for a more certain rules-based system. Each incapacity to marry should have its own appropriate choice of law rule. This piece argues that additional public policy reasons apply to the choice of law appropriate to same-sex relationships. These include citizenship, equality and symbolism, and together require a more extended choice of law rule. It is recommended that a new theory; the continued recognised relationship theory, is suitable for same-sex relationships. This choice of law rule would apply the law where the couple are intending to live, or the law of the country where they have lived, if their relationship has been subsisting for a reasonable period of time. This article advocates that action at the EU level will lead to more consistent results in this sphere.

Item Type: Article
Subjects: M100 Law by area
Department: Faculties > Business and Law > Northumbria Law School
Related URLs:
Depositing User: Lauren Clayton-Helm
Date Deposited: 01 Feb 2016 17:06
Last Modified: 31 May 2017 15:40
URI: http://nrl.northumbria.ac.uk/id/eprint/25779

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year

View more statistics


Policies: NRL Policies | NRL University Deposit Policy | NRL Deposit Licence