The Civil Unions Act and marriage-comparative developments including rights of succession

Abstract

In view of the recently enacted Civil Unions law, this thesis will delve into its impact on civil law. Chapter one will delve into the constitutive elements of the Civil Unions law, as comparable to marriage and the right of adoption. This Chapter will also discuss the inclusion of gender identity in the Constitutional of Malta. Chapter two will discuss whether the Civil Unions law is to affect same-sex couples’ rights in the area of testate succession, including the unica carta will, reserved portion, conditional and limited dispositions, unworthiness and disherison and more. Chapter three will be dedicated to same-sex couples` rights upon intestacy. An area in which same-sex couples receive scant legal protection. This has profound consequences since it can lead to complete disherison and defeat the real intentions of the couple. A casuistic approach is also taken to assess the legal principles emerging from other states’ jurisprudence in this respect. Chapter four will then discuss recent developments in Commonwealth, European and United States countries, amongst others, with respect to recognition, if any of the different types of same-sex civil unions. It will also discuss whether same-sex couples have any rights in terms of succession law, testate and intestate, in the selected jurisdictions. Chapter five will discuss whether there is scope for further legislative interventions so as to further strengthen same-sex couples’ rights. It will briefly discuss the LGBTIQ Action Plan and whether any amendments to the Civil Unions Act are necessary.