A study of formal conditions of International marriage in Iran, Pakistan and United kingdom law

Document Type : Original Article

Authors

1 Assistant Professor of Law, University of Tehran

2 Ph.D. Candidate of Private Law, University of Tehran

10.29252/jlr.2022.227157.2221

Abstract

Abstract
There is a rapid increase observed in the number of marriages between different nationalities. The validity of marriage either celebrated in the domiciliary state or abroad, between persons of different nationalities, must comply with certain formalities in order to ensure the legalization of marriage. The legal validity of international marriage in most national laws is subject to certain meritorious and formal conditions. The scope of these conditions varies considerably from one national law to another. Therefore, essential conditions of dual domicile of each party tend towards the invalidity of the marriage, because the domiciliary laws differ regarding the validity of a marriage. According to the general rule of private international law, it is firmly established in most national laws that the formal validity of marriage is governed by the law of the place of celebration (lex loci celebrationis). Although there is no exception to this proposition, due to differences in the national laws, some propositions are considered where the marriage is considered valid when is in conformity with the law of nationalities of the parties, like marriage in the Consular Office. Non-compliance with these forms according to the law of the place of celebration has its own consequences.

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History

  • Receive Date: 21 May 2022
  • Revise Date: 06 July 2022
  • Accept Date: 05 July 2022

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