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Matrimonium Claudicans of the Same-Sex Marriages

Publication at Faculty of Law |
2021

Abstract

With this article, I would like to follow-up on a topic that Prof. Pauknerova wrote about in 2007, the matrimonium claudicans.

I deal with the recognition of same-sex marriages concluded abroad in the Czech Republic. As the starting point, I analyse a decision of the Czech Supreme Administrative Court from 2018, according to which recognition is contrary to public policy because it is not in line with the established concept of marriage as a union of a man and a woman.

I deal with the recognition of foreign marriages in general from the perspective of private international law rules and then with the application of the public policy clause in relation to same-sex marriages, whereby I analyse the conclusions of relevant ECHR (Orlandi) and CJEU case law (Coman, V.M.A.). I try to offer alternative legal solutions and approaches to foreign same-sex marriages.