The Law Applicable to the Determination of Conditions for Mixed Marriage

Abstract

Mixed marriages raise multiple issues, including conflicts of laws arising from the overlap of two or more legal systems when regulating this matter. To address this problem, legislation has adopted a technical mechanism for determining the applicable law in the event of a dispute. This mechanism is the conflict-of-laws rule, which is used to identify whether the applicable law is domestic (national) or foreign. When enacting these rules, the legislator undoubtedly took into account the interests of the state and the parties to the legal relationship, relying on a connecting factor intended to achieve this balance.

As the validity of marriage depends on the fulfilment of both substantive and formal requirements, it is necessary to examine the conflict-of-laws rules that govern these requirements in order to determine the connecting factor adopted by legislation in this field.