Mina Stančić^[1]

 

Inheritance rights of same-sex couples married abroad and public order

 

Summary

The paper deals with the position of same-sex couples married abroad in case when the bequest of a deceased same-sex spouse is discussed before the court in RS. Special attention was paid to the legal situation in which the foreign law of inheritance has jurisdictional competence, where fundamental characteristics and institutional limitations of public order in the RS have been particularly analyzed. The analysis of the legal issue is complemented by illustrative hypothetical cases representing an attempt to solve the aforementioned problems in practice and they may act as useful guidelines for decision of domestic courts.

Key words: same-sex marriage, same-sex partnership, public order, intestate succession law, inheritance, lex fori, lex causae