Brief analysis of German Constitutional Court Judgement of 21 July 2010 in connection with the inequality between marriage and couples registered in the tax law of inheritance taxes and donations

Authors

  • Carolina Riveros Ferrada Universidad de Talca

DOI:

https://doi.org/10.18042/cepc/redc.110.10

Keywords:

Principle of equality, tax treatment, marriage, couples registered.

Abstract

This commentary discusses a recent ruling by the German Constitutional Court referred to the unequal tax treatment in respect of hereditary taxes between marriage and couples registered. The Court conducted a rigorous analysis of the principle of equality (art. 3 German Constitution) and the possible inequality of tax treatment on grounds of protection of the family and essentially the marriage (art. 6 German Constitution).

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES