Conflict of Laws (Marriage)

Conflict of Laws (Marriage)

(marriage)2010]

ILI Law Review

269

VALIDITY OF MARRIAGE AND CONFLICT OF LAWS Rajat Dosi Abstract Marriage, which is considered as one of the vital societal institutions to carry forth the society, may also now-a-days lead to conflict of law situation between two different countries. To tackle such a situation, every country has its own Private International Law rules. In Private International Law, the validity of marriage is dependent upon two things, formal and essential validity of marriage, for which every country has its own rules. In this paper, the first chapter deals with introduction to marriage and its relation with conflict of laws. The second chapter deals with formal validity of marriage and its position in different counties. The third chapter deals with essential validity of marriage and its position in various countries. The fourth chapter provides a comparative analysis of five different countries. The fifth chapter deals with Hague Convention and lastly, the sixth chapter deals with recommendations and suggestions. I. Introduction Marriage is a universal human institution which has formed the foundation of the family throughout history.1 It usually means a voluntary union for life of one man with one woman to the exclusion of others.2 While the traditions surrounding marriage ceremonies, the rights and obligations of marriage, the way of choosing one's marriage partner, and even who all are permitted to marry may differ from culture to culture.3 In the case of Shaw v. Gould,4 Lord Westbury was of the view that:5 Marriage is the very foundation of civil society, and no part of law and institutions of a country can be of more vital importance to its subjects than those which regulate the manner and the conditions of forming, and if necessary of dissolving, the marriage contract.




4th year, B.A. LL.B(Hons.), Rajiv Gandhi National University of Law, Patiala, Punjab, India, Email: rajatdosi@gmail.com. 1 New World Encyclopedia,...

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