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 Post subject: Re: Which countries recognise the British civil partnership
PostPosted: Thu Apr 22, 2010 9:01 pm 
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SPAIN British Civil Partnerships – worthless in Spain? - recent article out today - a bit worrying!

THERE IS a large community of British same sex couples on the Spanish Costas, many of whom have been encouraged to move here after the Spanish Government appeared to recognise British same-sex Civil Partnerships in a ‘Nota Verbale’ issued by the Spanish Ministry of Foreign Affairs on 16th November 2007. Our office is now seeing an increasing number of British same-sex couples who find that their British Civil Partnership may be worthless in Spain when it comes to inheritance tax and welfare benefits.

Spanish marriages between persons of the same sex are recognized in Britain as equivalent to British Civil Partnerships under the Civil Partnership Act 2004 (Overseas Relationships) Order 2005. However, there is considerable doubt as to whether there is in fact any reciprocal recognition by the Spanish Authorities of British Civil Partnerships.

It is not possible for people who are already British Civil Partners to (re) marry in Spain as they would need a ‘Certificate of No Impediment’ to marry from the British Consulate. The Consulate would have to refuse to issue this certificate on the grounds that they were British Civil Partners. For the same reason, it is also not possible to obtain a Certificate of Civil Status to the effect that they are single and free to marry.

Most Spanish autonomous communities allow unmarried couples to register their relationship as a ‘Union de Hecho’, or common-law union, but this option is not possible for British Civil Partners, as one of the conditions for registration is that they must be single and not in any other kind of registered relationship!

The law regulating registration of a ‘Union de Hecho’ in the Comunidad Valenciana is contained in Ley 1/2001 of 6th April 2001of the Generalitat Valenciana, and the procedure for registration is laid down in Decreto 61/2002 of 23rd April 2002 of the Gobierno Valenciano.

Article 14 paragraph 1 c. of Decreto 61/2002 states that one of the requirements for registration of a ‘Union de Hecho’ is a Certificate of Civil Status. This would have to be obtained from the Consulate and would state that the applicant was in a British Civil Partnership, which would be a bar to registration of a ‘Union de Hecho’.

This failure of the Spanish Authoritites to recognise British Civil Partnerships can have dire consequences for Civil Partners who are or who have become resident in the Comunidad Valenciana.

For example, a married couple, or couple in a ‘Union de Hecho’, resident in the Comunidad, has a generous exemption from Spanish Inheritance Tax, but this would not be available to British Civil Partners, despite the reported terms of the Nota Verbale of 2007.

In the event of the death of one resident Civil Partner, the direct financial consequences could be disastrous for the surviving Civil Partner: they would be regarded as unmarried and the survivor would be treated as an unrelated stranger and subject to the highest rates of Inheritance Tax.

This state of affairs is highly unsatisfactory and is leading to a feeling of betrayal of the interests of many British Citizens by both the British and Spanish governments and our office has written to the British Consulate for urgent clarification of the situation.

There is no suggestion that either the British or Spanish Government is homophobic, but that this is an example of a situation where the differences between the legislation of the two countries needs to be reconciled.

To a limited extent, the effects of this unsatisfactory state of affairs can be reduced by proper Inheritance Tax Planning, and through the use of Wills and other devices which are available under Spanish law.


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 Post subject: Re: Which countries recognise the British civil partnership
PostPosted: Fri Apr 23, 2010 7:29 am 
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Spain - contradictory article saying:
In Spain, the Ministry of Foreign Affairs agreed on 16th November 2007 in a “Nota Verbal” addressed to the British government that a British Civil Partnership is to be recognized for all legal purposes as equivalent to a Spanish same-sex marriage. However, there is no provision for a British Civil Partnership to be registered with the “Registro Civil” maintained by the Ministry of Justice in Spain.


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 Post subject: Re: Which countries recognise the British civil partnership
PostPosted: Fri Apr 23, 2010 12:51 pm 
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Spain - confirmation from Spanish consulate again stating CP are like a Spanish marriage
As the Resolución de 18 de octubre de 2007 de la Dirección General de los Registros y del Notariado and the “Nota Verbale” from our Ministry of Foreign Affairs states, Spanish authorities recognise British Civil Partnerships to have the same legal effects as if the couple was married. Therefore, couples with a British Civil Partnership can legally act as married when they live in Spain: they can buy a property or leave a will as married, for instance.
The only problem that couples (when one of the members is Spanish) may have is that they cannot register that Civil Partnership at the Registro Civil, so they will not be able to have a Family Book (Libro de Familia). This is so because, under Spanish Law, only unions formarly called “marriage” have entry to our Civil Registry.
Nonetheless, that will not be a problem for those couples to act as married or be regarded by the Spanish Law as married. To prove their marital status they will have to show their Civil Partnership Certificate, legalised with the Apostille, according to the Hague Convention, and officialy translated into Spanish. That should be enough.


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 Post subject: Re: Which countries recognise the British civil partnership
PostPosted: Fri Apr 23, 2010 5:18 pm 
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Cananda - from another forum
I can say that Canada recognises all same-sex partnerships, legally sanctioned or not, (from any country) for all purposes. Even for immigration if other proof is provided.There is no distinction between marriages, same or opposite sex.


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 Post subject: Re: Which countries recognise the British civil partnership
PostPosted: Fri Apr 30, 2010 1:10 pm 
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Spain - EU response to any non recognition of the CP and I think the recent artilce about Spain is probably wrong - I guess it would apply to other EU countries - quite encouraging really
EU citizens have a right to equal treatment under EU law. Article 18 of the Treaty on the Functioning of the EU (ex Article 12 of the EC Treaty) specifically prohibits all forms of discrimination based on nationality.

This is given further effect in Directive 2004/38 on rights of residence. Article 24 guarantees the right to equal treatment for EU citizens who live in Spain. This means that EU nationals who live in Spain cannot be treated less favourably than Spanish nationals unless such differences are allowed under EU law.

Under Spain’s Law No 13/2005, same-sex unions entered into Spain are lawful in Spain. As a result, in order to ensure quality of treatment, a same-sex union entered into the UK under the Civil Partnership Act 2004 should be recognised in Spain under the same conditions as a same-sex union entered into under Spanish law.

You can find the text of the law here:
http://www.boe.es/aeboe/consultas/bases ... 2005/11364

If Spanish inheritance law or social security law recognise same-sex unions celebrated under Spanish law but not civil partnerships entered into under the laws of other EU countries, this could amount to indirect discrimination on grounds of nationality, because the majority of people affected by such a measure would be citizens of other EU countries.

These would also amount to a breach of the right to equal treatment contained in Article 24 of Directive 2004/38 for EU citizens living in Spain.


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 Post subject: Re: Which countries recognise the British civil partnership
PostPosted: Wed May 05, 2010 6:51 pm 
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Isle of Man - ministry of justice
1) A UK civil partnership is generally not currently recognised in Manx law;
2) However, due to the reciprocal arrangements between the Isle of Man and the UK in relation to social security parts of the Civil Partnership Act 2004 (of Parliament) concerning social security and pensions matters were applied to the Island at the end of 2005 using powers available under the Social Security Act 2000 and the Pension Schemes Act 1995 (Acts of Tynwald);
3) UK immigration legislation as applied to the Island by the Immigration (Isle of Man) Order 2008 (SI 2008/680) and subordinate legislation made under that Order in Council also recognises UK civil partnership relationships;
4) The Civil Partnership Bill (of Tynwald) will, if and when passed, granted Royal Assent and brought into force, fully recognise in Manx law civil partnerships entered into under the UK’s 2004 Act. The Island’s Civil Partnership Bill has received its 2nd Reading in the House of Keys but further readings of the Bill have been delayed for the time being pending resolution of some technical issues, to which solutions are currently being sought.


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 Post subject: Re: Which countries recognise the British civil partnership
PostPosted: Wed May 12, 2010 10:17 am 
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Denmark - ministry of justce
"....Before recognising a civil/registered partnership entered into another country, the Danish authorities must cary out thorough examinations in order to establish that the same sex legislation in that country corresponds the legislation in Denmark"
.."It might be of particular interest to you to know that the Department of Family Affairs is currently carrying out a study of the UK legislation on Civil Partnership in order to determine whether civil partnerships formed in the UK can generally be recognised in Denmark"...
"A civil prtnership recognised in Denmark will, with a few exceptions, entail the same legal rights as a marriage"


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 Post subject: Re: Which countries recognise the British civil partnership
PostPosted: Tue Jun 22, 2010 12:05 pm 
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Belgium - Ministry of Justice - In principle, the recognition of a foreign authentic act is issued by operation of law, this is the so-called recognition “de plano” (Article 27 of the International Private Law Code (IPL Code)). A foreign authentic act is recognized by all authorities in Belgium without an appeal to any proceedings, if its validity is determined in accordance with the law applicable by virtue of this Code, and, in particular, by taking into account articles 18 and 21 (absence of evasion of the law and contravention of public policy). Every authority, before which the recognition of the foreign act of registered partnership is invoked, examines whether this is valid in accordance with the provisions of the IPL Code.
Should the authority refuse to recognize the validity of the act, an appeal to the Court of First Instance is possible (Article 27, § 1, paragraph 3 IPL Code).

The Circular of the Minister of Justice of 27 May 2007 amending the circular of 23 September 2004 on the aspects of the law of 16 July 2004 on the International Private Law Code concerning the personal status (see attachment) examines the forms of registered partnership of which may be assumed that they create a bond equivalent to marriage between cohabiting persons.

The equation of the cohabiting relationship with the marriage has, for the application of the various provisions of the International Private Law Code, important consequences concerning its recognition and the applicable law, in particular for its origin, the consequences for the person and their property, and the conditions for and means of cessation. Every institution of foreign law with consequences analogous to marriage that requires a registration with a public authority and that, concerning the conditions of establishment of the relationship, the causes, the conditions and the means of cessation, as well as the consequences for the person and property, refers to the regulations concerning marriage or which establishes these things in a nearly identical way, with exception of the rules concerning filiation and adoption, is considered as an equivalent of marriage, but subject to a different interpretation of the courts and tribunals, according to the circular.
In addition, the circular states that, based on the documentation at the disposal of the services of the Minister of Justice and subject to a different interpretation of the courts and tribunals, ‘civil partnership’, introduced on 5 December 2005 in the United Kingdom, can be equated with marriage.
- As the constitutional principle of the separation of powers does not allow the Minister of Justice to intervene in any way in proceedings that belong exclusively to the jurisdiction of other authorities or of the judiciary, it should be stressed that the above interpretation only concerns the application of the provisions of the IPL Code. This interpretation does not prevent a broader equation from occurring in other fields of law, nor does it prevent other categories of partners from falling within the same legislation as married people. In addition, it is possible that cohabiting relationships, that are equivalent to a marriage for the application of the IPL Code, are not equated with marriage in other fields of law, such as social or fiscal law.

In reality this therefore implies that, in principle, for every consequence invoked it needs to be verified whether the British civil partnership has the same consequences as marriage according to the regulation in force. Only the authority with jurisdiction in the matter involved can give you a definite answer.
- The fact that, according to this circular, ‘civil partnership’ in the United Kingdom in principle is equated with marriage does not imply that the registered partners will be mentioned as married in the population registers in Belgium. The only consequence is that registered partnership has the same legal consequences as marriage (with regard to the relevant provision of the IPL Code).
- As ‘civil partnership’ in the United Kingdom is equated with marriage in principle, this partnership will be recognized in Belgium under the aforementioned article 27 of the IPL Code, assuming insofar that the fundamental conditions and the procedural requirements are fulfilled for each of the registered partners. The fundamental conditions are determined by their national law (article 46 of the IPL Code). In this case that is the British law, because you both possess the British nationality. Concerning the procedural requirements for marriage, article 47 of the IPL Code stipulates that these are governed by the law of the State in which the partnership has been performed; in this case this is the British law as well.


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 Post subject: Re: Which countries recognise the British civil partnership
PostPosted: Mon Jul 26, 2010 9:23 am 
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http://campaigns.libdems.org.uk/marriagewithoutborders

Some of you may want to sign this petition - its not just a petition for gay marriage in the UK but also to get some recognition of partnerships across the EU


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 Post subject: Re: Which countries recognise the British civil partnership
PostPosted: Wed Aug 11, 2010 10:21 am 
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Australia - immigration and al - fed level

Since 2009 same sex couples are now classed as de facto (prior t that they weren't recognised for immigration etc) -

http://www.immi.gov.au/legislation/key- ... nships.htm

The Australian Government has introduced changes to remove discrimination against same-sex couples and their children from Commonwealth law.

These changes extend the department's recognition of same-sex couples and their children for migration and citizenship purposes, resulting in same-sex de facto partners having the same rights and responsibilities as opposite-sex de facto partners.


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 Post subject: Re: Which countries recognise the British civil partnership
PostPosted: Thu Aug 26, 2010 9:54 am 
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http://www.europarl.europa.eu/sides/get ... anguage=EN

This is kind of related - debate on the 8th Sept

Subject: Discrimination against same-sex married or in civil-partnerships couples
In its communication ‘Action Plan Implementing the Stockholm Programme’ (COM(2010)0171) and in the related Memo/10/139, the Commission explains its plans to ‘deliver justice, freedom and security to citizens (2010-2014)’. According to Article 13 of EU Lisbon Treaty (TEU), the Commission ‘may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation’. In the proposed plan for the area of justice, fundamental rights and citizenship of the Stockholm Programme (Memo/10/139), there is no proposal for a concrete and appropriate action to let same-sex partners, married or in civil partnerships, fall under Article 2 of Directive 2004/38/EC(1). Can it be concluded that the Commission is of the opinion that improving the rights of same-sex partners has no urgency and can be postponed even until 2014?

Is the Commission aware of the fact that European same-sex partners, especially when married or in civil partnerships, can experience situations of direct and indirect discrimination when working, studying and travelling in the EU although, based on the principle of non-discrimination according to Article 10 of the Treaty on the functioning of the EU (TFEU), this is not allowed?

Directive 2004/38/EC was adopted by the EU in 2004. It grants citizens of the Union and their family members the right to move and reside freely within the territory of the Member States. Does the Commission agree, taking Article 10 of TFEU into account, that this directive should also apply to same-sex married or in civil partnership couples who are moving to another Member State?

Is the Commission willing to change Directive 2004/38/EC in such a way that it gives same-sex married or in civil-partnership couples the same rights as heterosexual couples when moving to another Member State of the EU?


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 Post subject: Re: Which countries recognise the British civil partnership
PostPosted: Sat Sep 04, 2010 8:45 am 
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also kindda related and also debated this coming tues

Parliamentary questions
31 August 2010 O-0118/2010

Question for oral answer
to the Commission
Rule 115
Sophia in 't Veld, Renate Weber, Niccolò Rinaldi, Baroness Sarah Ludford, Sonia Alfano, Cecilia Wikström, Alexander Alvaro, on behalf of the ALDE Group

Subject: Discrimination against same-sex couples, freedom of movement, LGBT rights, EU Roadmap
The Commission Action Plan Implementing the Stockholm Programme and other Commission planning documents do not include any specific and concrete new initiative on LGBT rights and the fight against homophobia. Mutual recognition of same-sex couples, either married, in a civil partnership, cohabiting or de facto, is not addressed, notwithstanding Article 67(4) TEU on the application of the principle of mutual recognition in civil matters, Article 81 TFEU on judicial cooperation in civil matters having cross-borders implications, or Article 19 TFEU, mandating the Union to ‘take appropriate action to combat discrimination based on ... sexual orientation’. Such lack of mutual recognition also has consequences in the context of the application of Directive 2004/38/EC(1) on free movement of EU citizens and of their families, since most Member States apply a restrictive and incorrect interpretation of Articles 2 and 3 in relation to same-sex couples(2), which is in striking contrast with Articles 2 and 3(3) TEU and 10 and 19 TFEU, and notably with Article 21 of the Charter of Fundamental Rights. The EP expressed strong criticism, urged Member States to review their laws and called on the Commission to issue strict guidelines – drawing on the analysis and conclusions contained in the Fundamental Rights Agency report on homophobia – to guarantee the application of mutual recognition, equality, non-discrimination, dignity, and respect for private and family life. Within the EU, people continue to face discrimination on the basis of their sexual orientation and gender identity, or lack appropriate protection or support, as in the case of transsexual and transgender persons; some Member States do not recognise sexual orientation as a binding reason to recognise asylum on the basis of the qualification directive; the Framework Decision on racism and xenophobia does not apply to homophobia; some Member States have laws that consider information on same-sex couples as harmful to minors. At international level, EU international action against the criminalisation and persecution of LGBT persons should be also stepped up.
What concrete initiatives, actions and programmes will the Commission be taking and promoting on the abovementioned issues? Would the Commission support the idea of issuing an ‘EU Roadmap on LGBT rights and against homophobia’ with a timetable of measures to ensure that LGBT rights are respected, protected and promoted in the EU and in the world?

Parliamentary questions
30 August 2010 O-0117/2010/rev.1

Question for oral answer
to the Commission
Rule 115
Claude Moraes, Michael Cashman, Monika Flašíková Beňová, on behalf of the S&D Group

Subject: Mutual recognition of marriages and civil partnerships contracted by same-sex couples
EU citizens’ right to freedom of movement, within the framework defined by Directive 2004/38/EC(1) in particular, includes provision for the freedom of movement of their legal spouses and is a clear competence of the European Union. The FRA (European Union Agency for Fundamental Rights) report Homophobia and Discrimination on grounds of Sexual Orientation in the EU Member States: Part I - Legal Analysis (2008), constituents’ petitions and evidence gathered by civil society demonstrate that an overwhelming majority of host Member States fail to recognise the marriages or civil partnerships legally contracted by citizens of the same sex. This constitutes a failure to fully implement Directive 2004/38/EC and leads to discriminatory situations with respect to financial, property and taxation affairs, custody, visiting and inheritance rights, and consular affairs.
In its resolution on the Stockholm programme (P7_TA(2009)0090), the European Parliament called on Member States, ‘without prejudice to national legislation on family law, to ensure freedom of movement for EU citizens and their families, including both registered partnerships and marriages [...], and to avoid all kinds of discrimination on any ground, including sexual orientation’.
By contrast, the Commission communication ‘Action Plan Implementing the Stockholm Programme’ (COM(2010)0171 and the related Memo/10/139) stops short of proposing measures to facilitate the freedom of movement of same-sex couples in legally contracted marriages or civil partnerships, who should come under Article 2(2)(a) and (b) of the aforementioned Directive.
• According to the Commission, do spouses united by marriages legally contracted in Belgium, the Netherlands, Portugal, Spain or Sweden come under Article 2.2(a) of Directive 2004/38/EC?
• Does the Commission consider that failing to recognise legally contracted marriages between two spouses of the same sex constitutes discrimination based on sexual orientation?
• In the light of Article 10 of the Treaty on the Functioning of the European Union, does the Commission consider that Article 2(2)(a) and (b) of Directive 2004/38/EC should apply both to couples in legally recognised marriages and those in legally recognised civil partnerships?
• How will the Commission address the discrimination encountered by same-sex couples in legally-recognised unions seeking to exercise their right to freedom of movement?


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 Post subject: Re: Which countries recognise the British civil partnership
PostPosted: Mon Sep 06, 2010 6:46 pm 
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If interested the subject of getting CP recognised in EU is on tomorrow, you can view the debate from 9pm onwards


http://www.europarltv.europa.eu/ParliamentLive.aspx

96 Discrimination of same-sex married or in civil-partnership couples
Oral questions - [2010/2733(RSP)]
Cornelis de Jong, Eva-Britt Svensson, Marije Cornelissen, Raül Romeva i Rueda, Ulrike Lunacek, Michael Cashman, Britta Thomsen, Sophia in 't Veld, Sirpa Pietikäinen (O-0081/2010 - B7-0451/2010)
Confederal Group of the European United Left - Nordic Green Left
Group of the Greens/European Free Alliance
Commission
Discrimination against same-sex married or in civil-partnerships couples

Claude Moraes, Michael Cashman, Monika Flašíková Beňová (O-0117/2010 - B7-0459/2010)
Group of the Progressive Alliance of Socialists and Democrats in the European Parliament
Commission
Mutual recognition of marriages and civil partnerships contracted by same-sex couples

Sophia in 't Veld, Renate Weber, Niccolò Rinaldi, Sarah Ludford, Sonia Alfano, Cecilia Wikström, Alexander Alvaro (O-0118/2010 - B7-0460/2010)
Group of the Alliance of Liberals and Democrats for Europe
Commission
Discrimination against same-sex couples, freedom of movement, LGBT rights, EU Roadmap


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 Post subject: Re: Which countries recognise the British civil partnership
PostPosted: Thu Sep 09, 2010 9:00 am 
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here's the debate and replies


http://news.bbc.co.uk/democracylive/hi/ ... 974370.stm


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 Post subject: Re: Which countries recognise the British civil partnership
PostPosted: Fri Sep 24, 2010 8:39 am 
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Luxembourg - changes in the law

New law now introduces the possibility to recognize foreign CPs in Luxembourg.

The new law results in a mofification of the law of "9 juillet 2004 relative aux effets légaux de certains partenariat" by adding or deleting different paragraphs. The important one in your case is the new point 4.1 of the now modified 2004 law:

«Les partenaires ayant enregistré leur partenariat à l’étranger peuvent adresser une demande au parquet général à des fins d’inscription au répertoire civil et dans un fichier visé par les articles 1126 et suivants du Nouveau Code de procédure civile, à condition que les deux parties remplissaient à la date de la conclusion du partenariat à l’étranger les conditions prévues à l’article 4. Un règlement grand-ducal peut déterminer les formalités de la demande et des documents à joindre.»

Partners can now register their foreign CP by sending a demand to the "Parquet général", if both partners respect the obligations written down in the existing paragraph 4 of the 2004 law.

Art. 4.- Pour pouvoir faire la déclaration prévue à l'article 3, les deux parties doivent:
1. être capables de contracter conformément aux articles 1123 et 1124 du Code civil;
2. ne pas être liées par un mariage ou un autre partenariat;
3. ne pas être parents ou alliés au degré prohibé conformément aux articles 161 à 163 et à l'article 358 alinéa 2 du Code civil;
4. résider légalement sur le territoire luxembourgeois.
Le point 4 ci-avant ne s'applique qu'aux ressortissants non communautaires.

IMPORTANT: The new modified law will enter into force the first day of the third month following its publication in the official journal.
That means on 1. November 2010 !


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