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Would Scots Law recognise a Dutch same-sex marriage?

Norrie, Kenneth McK. (2003) Would Scots Law recognise a Dutch same-sex marriage? Edinburgh Law Review, 7 (2). pp. 147-173. ISSN 1364-9809

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Abstract

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.

Item type: Article
ID code: 990
Keywords: same-sex marriage, gender law, transgender law, scots law, scottish law, Netherlands, Scotland
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: 15 Apr 2015 17:00
Related URLs:
URI: http://strathprints.strath.ac.uk/id/eprint/990

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