Abstract

RODRIGUEZ VAZQUEZ, María Ángeles. Los matrimonios entre personas del mismo sexo en el derecho internacional privado español. Bol. Mex. Der. Comp. [online]. 2008, vol.41, n.122, pp.913-941. ISSN 2448-4873.

In the Spanish law since the entry into force of de Law 13/2005 is allowed the same-sex marriage. The Law says nothing about questions of Private International Law and, in the practice, numerous problems have appeared before the judicial Spanish organs. The Dirección General de los Registros y del Notariado has affirmed that foreigners whose national law does not allow same-sex marriage can celebrate this marriage in Spain because it is considered that the diversity of sex in marriage is not a question of capacity, but an element linked directly to the matrimonial institution that is governed by the Spanish law; and because the foreigner law does not allow same-sex marriage damages the public Spanish order.

Keywords : Same-sex marriage; Private International Law.