Äktenskap för par med samma kön Vigselfrågor - Regeringen

SOU 2007:17 Summary
into force, a partnership that is registered in Sweden and which has
not been dissolved shall take effect as a marriage. In addition,
certain consequential amendments are required to the ÄktB and
certain other enactments.
International private and procedural law issues
EC legal regulations. The Brussels II Regulation – which, among
other things, regulates the jurisdiction of the courts in the EU
Member States to entertain issues relating to divorce, separation
and annulment of marriage and the recognition of judgments
issued by the EU Member States in these matters – probably does
not at present cover marriage where the spouses are of the same
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sex.TPF FPT However, the equivalent also probably applies regarding other
EC legal regulation to the extent that such rules do not in their
turn refer to national law. In the current situation, the point of
departure should therefore be deemed to be that our own rules on
marriage contained in the 1904 Act on certain international legal
relationships regarding marriage and guardianship (IÄL) apply to
marriage where the spouses are of the same sex.
Convention-based legislation. It cannot be assumed that a
convention-based enactment can be applied to marriage between
spouses of the same sex. However, no express rule should be
introduced providing that convention-based legislation should
apply to such marriage. The basic rule should be that such matters
are instead referred to the body administering the law to determine,
on the basis of general principles of convention-friendly interpretation,
how convention-based enactments should be applied in
relation to marriage where the spouses are of the same sex.
I propose, however, that an express exemption be introduced into
the 1931 Ordinance on Certain International Legal Relationships
relating to Marriage, Adoption and Guardianship (NÄF) – which is
based on the Nordic Marriage Convention of 1931 – providing that
the Ordinance does not apply to marriages that have been entered
into between two women or between two men. Thereby, the rules
contained in IÄL on entry into marriage and matrimonial cases,
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TP PT The Council Regulation (EC) no. 2201/2003 of 27 November 2003 (Brussel II Regulation)
is in the application of the law given priority over the application of all international
instruments in the area and also over the Member States’ own national rules. However,
Denmark is not bound by the regulation. Nor is it binding between Finland and Sweden
owing to a reservation in favour of NÄF.
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