Abstract

LUGO HOLMQUIST, Claudia  and  RODRIGUEZ REYES, Mirian. Foreign Same Sex Partnerships in the Venezuelan System of Private International Law. Bol. Mex. Der. Comp. [online]. 2017, vol.50, n.149, pp.777-806. ISSN 2448-4873.

A preliminary look upon those legal systems which have introduced regulations on same sex partnerships, reveal that there is an increasing acceptance and recognition of the latter by statutes and/or case-law. In some instances, such recognition may encompass at least few personal, social, or in rem effects. In Venezuela, the legal landscape is quite opposed to such partnerships, although having experienced some timid judicial advancements on the matter. In this study, we firstly introduce the normative and case-law status offered by the Venezuelan system and how different essays directed at such recognition, proposed by various interest groups, including human rights organizations, have been torpedoed by the State through its different administrative organs. Secondly, we introduce the implications of such partnerships in two of the contents of Private International Law: the determination of the applicable law and the recognition of foreign judgments. Finally, we introduce some considerations directed at finding potential solutions to the challenges presented by such partnerships, based on current legislation and case-law.

Keywords : Same sex partnerships; private international law; foreign law; recognition of foreign judgments.

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