Kolizyjnoprawna regulacja rejestrowanych związków partnerskich we Francji i Belgii

Abstract

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.