The Problem of Classification in Property Rights of Persons of the Same Sex in the Context of Private International Law

Abstract

Summary In Czech private international law, the applicable law for property relations of spouses and registered partners is regulated differently. The rapid development in the legal regulation of same-sex marriages causes a division in the jurisdictions among the EU Member States as well as a non-uniform approach in the norms of private international law. Given that same-sex marriage is not legalized in the Czech Republic, a problem of classification arises in Czech private international law. The paper will focus on the question of classification of the property regime of same-sex couples who have entered into marriage in one of the states that admit such unions, and the solution to this problem of classification will be examined both at the national and EU levels.