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Aspects Regarding Same-Sex Marriage

Author

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  • Vlad-Dan Oanea

Abstract

A great debate arose within the Romanian society following the possible claims of same-sex marriages being a forthcoming reality of our society. The quite recent Romanian law regarding this issue (The New Civil Code came into full effect on October 1, 2011) expressly forbids same-sex marriages, while same-sex marriages concluded abroad, be it among Romanian or foreign citizens are not recognised as such. The Constitutional Court was invested with the trial of an unconstitutional exception regarding the law which forbids the recognition of a marriage license issued abroad for same-sex couples, but one year upon such investment, the sentence has not yet been delivered. Yet, it may be the case that following the exercise of fundamental rights, a marriage which was lawfully concludedis considered totally void if one of the partners has undergone sex reassignment surgery. The question arising is: In lawful terms, is such marriage void or not? The research which is to be elaborated in this article aims at analysing the manner in which such valid marriage once performed is or can be influenced by the sex reassignment surgery of one of the partners, as expression of the right to have full control over one's body, according to one's personal values and sense of awareness.

Suggested Citation

  • Vlad-Dan Oanea, 2018. "Aspects Regarding Same-Sex Marriage," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 12(2), pages 197-212, October.
    • Handle: RePEc:dcu:journl:v:12:y:2018:i:2:p:197-212
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    More about this item

    Keywords

    marriage; sex reassignment surgery; husband; fundamental right; constitutional right; nullity of same-sex marriage;
    All these keywords.

    JEL classification:

    • K - Law and Economics
    • K - Law and Economics
    • K36 - Law and Economics - - Other Substantive Areas of Law - - - Family and Personal Law
    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law

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