Comparative Study of Cross-Border Succession Law Issues for Same-Sex Marriages Involving EU and Third States Jurisdictions Granted EU Candidate Status
摘要
This chapter explores the legal implications of cross-border succession involving same-sex marriages where one party is connected to an EU Member State and the other to an EU candidate country. It offers a comparative analysis of how marriage is defined and regulated in candidate countries, with particular focus on private international law norms governing the recognition of foreign marriages and the legal consequences for inheritance rights. Despite the evolving legal landscape within the EU, significant disparities persist across candidate countries, many of which constitutionally or legislatively restrict same-sex marriage. These restrictions generate legal uncertainty and unequal treatment in succession cases, particularly where same-sex marriages entered abroad are not recognised. The chapter situates these legal tensions within broader EU accession dynamics, fundamental rights obligations, and the limitations imposed by public policy exceptions. It further incorporates a gender-sensitive and intersectional lens to highlight how current legal frameworks reinforce binary gender assumptions and heteronormative standards, thereby excluding non-binary individuals and undermining substantive equality in cross-border family relationships. The chapter concludes by advocating for the adoption of gender-neutral legal principles and greater harmonisation of private international law to ensure the protection of all individuals irrespective of sexual orientation or gender identity.