8 What does the law provide for the property of registered and non-registered partners?

Until 30 September 2017, German law provided for registered partnerships, a legal institution equivalent to marriage and reserved for same-sex couples, in accordance with the Law on Registered Partnerships (Lebenspartnerschaftsgesetz; LPartG). The Law of 20 July 2017 introducing the right of same-sex couples to marry (see German Official Gazette BGBL. I, p. 2787), which entered into force on 1 October 2017, opened marriage to same-sex couples. Homosexual marriages are subject to the same provisions as marriages between heterosexuals, so that adoptions are now also possible. Partnerships already registered continue to exist unless both partners declare before the civil registrar that they want to enter into a marriage for life (see § 20a LPartG). With the opening of marriage to same-sex couples, registered partnership has become superfluous. As a result, it is no longer possible to enter into a registered partnership. In the interest of their validity, the German legislator has provided for special conflict rules for homosexual marriages and registered partnerships: their foundation, general and property effects as well as their dissolution are governed by the substantive provisions of the State in which they are registered (Art. 17 b, para. 1 in conjunction with subpara. 4 of the Introductory Law to the German Civil Code, EGBGB, where applicable). If there are registered partnerships or same-sex marriages between the same persons in different States, the marriage or partnership last entered into is binding from the time of its conclusion (Art. 17b para. 3 in conjunction with para. 4 EGBGB, where applicable). Conflict of laws rules applicable to heterosexual partnerships registered abroad are controversial.