Study On Law Application Of Foreign Same-sex Marriage

Today, more and more countries have enacted a bill to safeguard the legitimate rights and interests of the partners of same-sex marriage. Over the years, many scholars have also called for the recognition of same-sex marriage legal relationship, but all of the proposals were unsuccessful. Although same-sex marriage may be quite a long period of time will not be recognized by China’s domestic substantive law, but it does not mean that foreign same-sex marriage has nothing to do with us. As more and more countries recognize same-sex marriages and enhancement of our country internationalization, foreign same-sex marriages can foresee of private international law issues involved can not be avoided. The purpose of this paper is to find out our private international law is likely to face the situation and issue of foreign same-sex marriage, drawing abroad two different voice of some countries or regions the relevant provisions of foreign same-sex marriage, combined with our country has always used the reservation of public order regime or evasion of law on the grounds to refused to deal with the practice of foreign same-sex marriages were analyzed. According to China’s actual and expected conditions, in order to foreign same-sex marriage three situations that evasive marriages, migratory or visitor marriages, extraterritorial marriages as the center to specific analysis, and selectively apply extraterritorial laws. Proposed a clear foreign same-sex marriage for preliminary question, the law applicable to the case, adding new connection point, handling suggestions for judicial assistance, in order to be able to make up for China’s private international law in this field blank.