Effetti dei matrimoni same-sex contratti all'estero dopo il "riordino" delle norme italiane di diritto internazionale privato

Abstract. - After the adoption of Law 76/2016, which provides for a legal framework of same-sex unions, the legislator intervened to regulate some aspects of private international law relating to those unions, introducing some new rules in Law No. 218/1995. According to one of these rules (Article 32-bis) a marriage celebrated abroad by an Italian national with a person of the same sex will be considered a civil union governed by Italian law. However, the choice to apply Italian law to all effects of the marriage is debatable. Also the relation of the new provision with EU regulations in family matters creates problems. The overall result is an unreasonable difference of treatment between a same sex marriage celebrated by an Italian national abroad and other same-sex unions that have a transnational character.