ABSTRACT

SCOTS RULES OF PRIVATE INTERNATIONAL LAW CONCERNING HOMOSEXUAL COUPLES

Janeen M Carruthers

In this report, Dr Carruthers outlines the Scots rules of private international law concerning civil partnership, as contained in the Civil Partnership Act 2004, Parts 3 and 5. The report includes treatment of such topics as: the constitution of civil partnerships (including the question of legal capacity to enter into such a relationship); the dissolution of civil partnerships (including the jurisdiction of the Scottish courts to grant dissolutions, and issues of choice of law); the recognition in Scotland of foreign decrees of civil partnership dissolution, annulment and legal separation; and the property consequences attendant upon registration of a civil partnership. The author also addresses conflict of laws issues pertaining to de facto (as opposed to de iure) cohabitation (including analysis of the relevant provisions of the Family Law (Scotland) Act 2006), and same sex marriage.


Cite as: Janeen M Carruthers, Scots Rules of Private International Law Concerning Homosexual Couples, vol 10.3 ELECTRONIC JOURNAL OF COMPARATIVE LAW, (December 2006), <http://www.ejcl.org/103/art103-5.pdf>.

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