![]() ![]() The result is - increased legal equality in the enjoyment of benefits by surviving partners, irrespective whether different-sex or same-sex. In jurisdictions with marriage/registered partnership available for same-sex partners, there is also no difference with compensation entitlement available to partners in different-sex marriage. ![]() In 19 jurisdictions it is now law for the married/registered same-sex surviving partner to receive compensation for the wrongful death of their partner. By the mid-1990s more and more jurisdictions also began to recognize the right of same-sex cohabitants to claim compensation for the wrongful death of their partner. Almost all jurisdictions surveyed initially provided this right to claim compensation for wrongful death exclusively to married different-sex partners however, a few jurisdictions provided this right to claim compensation in the 1960s and 1970s also to different-sex cohabiting partners. In all 23 jurisdictions surveyed the married/registered different-sex surviving partner is entitled to compensation. A comparative analysis on the legal situation in 23 EU jurisdictions regarding question 6.6 (wrongful death) of the LawsAndFamilies Database: “In case of wrongful death of one partner, is the other partner then entitled to compensation from the wrongdoer?” The data reveal that the wrongful death of one partner could be cause for a compensation entitlement for the other partner for pecuniary losses (financial/economic/property) and non-pecuniary losses (pain/suffering/moral damage). ![]()
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