Free movement in EU territory of same-sex marriages celebrated in Spain
Keywords:
Same-sex marriage, free movement of persons, private international law, concept of spouse, ECJAbstract
The sociological changes produced in family structure and the emergence of new models of coexistence have been, in recent times, so important and so fast that the law can hardly follow it. Since 2001, with the admission of marriage of same-sex couples in the Netherlands, the institution of marriage is no longer in danger of extinction, but on the contrary, it has become the leading of Family Law. In Spain the opening of marriage to same-sex couples came in 2005 and the possibility that one or both parties are foreigners has led to a revolution in the field of private international law. The possibilities of circulation of these marriages in EU territory are analyzed in this study through the consideration of three aspects: a) the spouse concept who offers the ECJ; b) if the divorce outside Spain will be feasible applying Regulations 2201/2003 and 1259/2010; and c) if these unions can be recognized outside our borders.Downloads
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How to Cite
Soto Moya, M. (2015). Free movement in EU territory of same-sex marriages celebrated in Spain. Revista De Derecho Comunitario Europeo, (43), 807–847. Retrieved from https://recyt.fecyt.es/index.php/RDCE/article/view/39559
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