Norrie, Kenneth McK. (2003) Would Scots Law recognise a Dutch same-sex marriage? Edinburgh Law Review, 7 (2). pp. 147-173. ISSN 1364-9809Full text not available in this repository. (Request a copy from the Strathclyde author)
Assesses the likelihood of Scottish law recognising the validity of same sex marriages performed in the Netherlands. Reviews case law concerning the recognition of foreign marriages per se, international private law's treatment of polygamous marriages and possible public policy arguments against same sex marriages. Explains the ways in which Scottish courts may give legal recognition to their consequences, including: (1) by acknowledging that they deny the parties the capacity to marry again for the duration of their subsistence, under the Marriage (Scotland) Act 1977 s.5(4); (2) by accepting the parties' entitlement to statutory protection in areas such as intestate succession or adoption; and (3) by the granting of matrimonial relief including divorce.
|Keywords:||same-sex marriage, gender law, transgender law, scots law, scottish law, Netherlands, Scotland, Law|
|Subjects:||Law > Law of the United Kingdom and Ireland > Scotland|
|Department:||Faculty of Humanities and Social Sciences (HaSS) > School of Law > Law|
|Depositing user:||Ms M. Frossman-Finney|
|Date Deposited:||27 May 2007|
|Last modified:||22 Mar 2017 09:13|