Publication details
Quo Vadis Marriage?
| Authors | |
|---|---|
| Year of publication | 2019 |
| Type | Article in Proceedings |
| Conference | Dny práva 2018 - Days of Law 2018 Part I. Marriage for all? |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Keywords | Marriage; Right to Marry; Same Sex Couples; Registered Partnership; Rights and Obligations of Spouses |
| Description | Marriage is a legal framework, which allows partners to make their relationship legally recognised and at the same time establishes mutual rights and obligations. The content of such rights and obligations may vary from state to state, and European states are no exception. Different approaches also exist to personal requirements for being able to marry. The contribution focuses on the conditions for partners’ gender i.e. whether entering into marriage is allowed only to different sex couples or whether marriage is opened also for same sex couples. Marriage can be enshrined by basic law or, as in some countries, by constitutional law. The level of legal enshrinement affects the possibility of change of marriage, specifically whether it is possible to change the nature of marriage by a Constitutional Court decision, or just by legislative procedure or by referendum. In some European countries, it is possible to see a trend of opening marriage for the same sex couples; in other countries, we can see a trend of protection of marriage as a bond of different sex partners on constitutional level. |