conflict rule; registered partnership; lex loci registrationis
Problemy Prawa Prywatnego Międzynarodowego, T. 7 (2010), s. 109-117
Ten years after the civil pact of solidarity was created, on the 12th of May,
2009 French legislator introduced the new rule of private international law that indicates
the law applicable to the conclusion, the effects and the resolution of registered
partnership. However, it was Belgium that decided to take this step earlier, in 2004.
According to the corresponding regulation of Belgium, “the relation of common life” is
submitted to the law of the estate in which registration of union took place for the first
time. This solution was criticized by some representatives of Belgian doctrine, but finally
it won with the concept of making the conflict rules concerning registered partnerships
similar to those regarding marriage as far as it is justified.
In France it was also the lex loci registrationis admitted as the law applicable to the
extramarital registered unions. Despite the difficulties generated ineluctably for practicians
by this solution, the introduction of the new conflict rule was estimated as significant
not only in French literature, but also internationally.