Divorce between same sex spouses as a paradigm of the unavoidable incorporation of the forum necesitatis to the Brussels II bis Regulation .

Authors

  • María Ángeles Sánchez Jiménez Universidad de Murcia

DOI:

https://doi.org/10.18042/cepc/rdce.63.02

Keywords:

Forum necessitates, Regulation 2201/2003, Divorce, Same sex spouses, Denial of justice.

Abstract

The aim of this paper is to tackle the problem of same sex spouses divorces with instrumental nature, with regard to the double objective that it pursues. The first purpose is to show that the incorporation of the forum necessitatis to the 2201/2003 Regulation is a matter as necessary as unavoidable nowadays. The second one is to make a proposal for the articulation of this forum on the basis of the one provided by the new EU Regulations and, particularly, by the most recent in matters of matrimonial property regimes, and the on property consequences of registered partnerships.

Published

2020-07-31

Issue

Section

STUDIES