Private International Law Aspects of Homosexual Couples: The Netherlands Report


I. Curry-Summer (Utrecht University) has written an intriguing article in the new issue of the Electronic Journal of Comparative Law entitled, “Private International Law Aspects of Homosexual Couples: The Netherlands Report” (vol 11.1, EJCL, May 2007). Here’s an overview of the paper’s structure:

This paper has been divided into three main sections. Section 2 will deal briefly with the substantive law rules relating to the celebration of a same-sex marriage and the registration of a partnership. Section 3 will deal solely with the private international law aspects of same-sex marriage, whilst Section 4 will be devoted to an analysis of the relevant private international law rules in relation to registered partnership. In order to aid simultaneous comparison between the relevant rules for these two institutions the same structure has been used in each section. However, from the outset it must be mentioned that this paper can, in the limited space available, only attempt to deal with some of the aspects related to such relationships. A choice has therefore been made to limit this paper to the structural aspects of such relationships, i.e. the establishment of the relationship (Sections 3.1 and 4.1) and the dissolution thereof (Sections 3.2 and 4.2). In Section 5 a number of conclusions will be reached with regards the approaches taken and the possible improvements which can be made.

You can download the paper from here free of charge.