Conflict of Law

Marriage

Formality
o Whether marriage ceremony is valid?
o Must make sure to follow the formal procedure of getting married in
the country.
o Registration is all that matters
o Lex loci celibriosi
o Insuperability virtually impossible for you to follow the rules of
that country. It doesnt mean it is inconvenient or you dont like
Lord clunkley: English couple married in Italy, 1811. Only
marriage ceremony acceptable is a catholic ceremony. None
of the priest wanted to marry them. Court said because they
have suffered insuperable difficulty.
o Marriage in embassy follow ur own countrys law. One of the
couple must be Malaysian/nationality of the said embassy.
Bhagwan Egyptian marries an English woman. He already
has another wife. Married in paris, French law doesnt allow
polygamy. But theyre married in Egypt embassy.
o In times of war married in the enemys territory, you dont have to
follow the countrys law.
Taczanowski 2 polish were in the war, and they were in Italy.
Their marriage is still valid because they dont have to follow
Italian law.
Puchanski polish in Germany camp. Court said thats valid
as well. But they are civilian.
Merca v merca they limit the type of people who can use
this exception. You have to be part of the fighting group,
members of resistance (not officially part of armed forces),
and escaped prisoners of war.
o At cruise ship follow law of the ship.
o What if the rule has changed?
Statowski the couple got married in Austria. In Austria you
must do the civil marriage too. A few years after they got
married, the Austrian govt changed the law, the priest will
register the marriage.
Do you test the validity at the time of the wedding or at the
time of the case? Held: at the time of the case. Condition:
The rule must have been made in good faith.
Procedural matter i.e registration. Not substantive i.e
capacity.
Confirm what the party has conducted.