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Foster care by same-sex registered partners in Greece

Following fierce consultations, deliberations and debates, a new law has been passed by the Hellenic Parliament on improving adoption and foster care procedures. The law introduces a new institution: The National Foster Care & Adoption Council, and contains provisions on the requirements and procedures for foster care, thus, enriching the existing landscape embedded in the Civil Code since 1996. It also establishes two national registries:  The National Registry of adoptive applicants and the National Registry of adoptions.

The bone of contention was however the ‘window’ opened by the new legislation under Article 8, i.e. the right of same-sex partners to become foster parents. After a couple of weeks full of tension in the press and the Parliament, the Government moved on and secured the necessary majority for passing the provision.

This is yet another step towards full equivalence of same-sex with heterosexual couples. It was preceded by the introduction of same-sex partnerships in 2015, as an aftermath of the country’s condemnation by the ECHR in the Vallianatos ruling. Still, same-sex marriage is not, and will seemingly not be allowed for quite some time in the future, given that the Supreme Court has ruled out this possibility end last year.

Finally, it should be noted that Greece has recently enacted  legislation allowing the out of court dissolution of marriage in mutual consent, and abolished the compulsory application of Sharia law for Greek Muslims.

Private Divorces – Lecrture on the Consequences of the CJEU decision Sahyouni

The IACPIL (Interdisciplinary Association of Private International and Comparative Law) and the University of Vienna invite to a lecture by Prof. Budzikiewicz (in German).

Whereas private divorces were mostly executed outside Europe, nowadays Italian, French as well as Spanish law allow a contractual divorce. The lecture addresses to what extent private divorces can be valid outside the enforcing state. The recognition can be relevant in different cases, e.g. another marriage is aspired or legal questions concerning the right of maintenance, tax law as well as law of succession arise.

The CJEU recently ruled that the Rome III regulation is not applicable to a marriage divorced by a spiritual court in a third country. In this respect the lecture focuses on how private divorces are to be treated with regard to private international law and international procedural law.

The flyer can be found here

Where: University of Vienna, Juridicum, Schottenbastei 10-16, 1010 Vienna, SEM 20
When: 17 May 2018, 6 p.m.
The event is free but registration is required (office@igkk.org).

SSRN: New Paper on “Regulating Offshore Finance”

William J. Moon has published an article titled “Regulating Offshore Finance” on SSRN. It can be accessed @ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3153121. The abstract is reproduced below: Read more