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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
    Related URLs:
    Depositing user: Ms M. Frossman-Finney
    Date Deposited: 27 May 2007
    Last modified: 27 Mar 2012 19:45
    URI: http://strathprints.strath.ac.uk/id/eprint/990

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