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Topic: Lex loci celebrationis

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	Maltese laws of Marriage and Private International Law
		Other judgments holding the rule of the lex loci celebrationis as the one applicable to the formalities of marriage, were revoked on appeal in preference to the exceptions which upheld the application of the lex domicilii.
		In English law, the predominance of the lex loci celebrationis is not disturbed even though the sole object of the parties in celebrating their marriage abroad is to evade some grievous requirement of the lex domicilii.
		Subject to the exception established by the lex loci celebrationis rule prior to 1975, the formal and essential validity as explained are governed by Section 18 of the Marriage Act.
	www.mifsudbonnici.com /lexnet/articles/pil.html (4117 words)

	Get (conflict) - Wikipedia, the free encyclopedia
		As a form of divorce, the rule might be that the lex loci actus (the law of the place where the transaction took place) should be applied and recognised universally so that the parties would avoid a limping marriage (i.e.
		If the characterisation is status/capacity, this will be determined under the lex domicilii (the law of the domicile) in a common law state, and under the lex patriae (the law of the nationality) or habitual residence in a civil law state.
		Thus, if the get is effective under the lex loci actus and recognised under the laws relevant to determine status and capacity, it will be recognised so long as the best interests of the children are protected in any orders or agreements made by the parties.
	en.wikipedia.org /wiki/Get_%28conflict%29 (1804 words)

	Horei Law, Japan Conflict of Laws
		(2) Notwithstanding the preceding paragraph, formalities that satisfy the requirements of the law of the place where the act was done (lex loci actus) shall be effective.
		(2) The formalities of a marriage shall be governed by the law of the place of the ceremony (lex loci celebrationis).
		(2) Notwithstanding the preceding paragraph, formalities that conform with the law of the place where the act was done (lex loci actus) shall be effective.
	www.international-divorce.com /horei_law.htm (3107 words)

	8QUASCHL (Site not responding. Last check: 2007-10-27)
		Lex patriae, which applies the law of the nationality of the couple, is the traditional choice of law rule for marriage recognition in most of Continental Europe,as well as in most of the Arab world countries with western legal systems.
		Thus, lex loci celebrationis countries generally assert the right to refuse to apply the law of the place of celebration to evasive marriages of their own citizens.
		The lex loci celebrationis rule (like the personal law rule) is subject to the ordre public exception in choice of law.
	www.law2.byu.edu /Wardle/FundPrinsFamL/8QUASCHL.htm (4909 words)

	Alternative Law Forum - Validity of Same Sex marriages in Private Intl law
		However, if at the time of the marriage parties were domiciled in a country which allowed such marriages and the form of celebration was in accordance with lex loci celebrationis, Indian courts should recognise such marriage if occasion arises in the future.
		The Law Commission in its report which formed the basis of the Act clearly spells out that the Act is a departure from the (English) Foreign Marriage Act, 1891 inasmuch as it deals with capacity of parties and validity of marriage as well, whereas the English statute confined itself to formal validity of marriage alone.
		Apart from that, all that is required is that the marriage was solemnised in accordance with lex loci celebrationis, and is not inconsistent with international law or comity of nations.
	www.altlawforum.org /Resources/lexlib/samesex (5915 words)

	Title (Site not responding. Last check: 2007-10-27)
		On the one hand, compliance with the form of the lex loci celebrationis is no always sufficient for the marriage to be recognized as valid outside the country of celebration.
		Lex loci celebrationis has been called a retrospective choice of law rule because foreign law is not a significant consideration at time of celebration (then only the local laws of the place of celebration need to be consulted), but only in retrospectively consideration of whether a previously contracted marriage is valid in the forum.
		Evasion of marriage laws can be a significant problem in lex loci celebrationis states, because the restrictive policies of the state with greatest interest in regulating marriage may be evaded by the simple expedient of crossing a border to celebrate the marriage, and then returning to the restrictive state to live.
	www.law2.byu.edu /Wardle/CIFL/Green.html (19303 words)

	Faculty of Law - University of Alberta (Site not responding. Last check: 2007-10-27)
		The upshot of this is that most matters of intrinsic validity of marriage (for example, the degrees of affinity and consanguinity, and almost certainly, the question of same sex marriage) are under federal jurisdiction.
		To know that parental consent is seen as a matter of formal validity governed by the lex loci celebrationis and to understand that the upshot of this rule.
		To know the ruling in case and to be aware that the Court overstated the degree to which the lex loci celebrationis determines the validity of marriage.
	www.law.ualberta.ca /courses/acorn/conflicts/class_lg_ch03a.htm (2681 words)

	Philippine Law - Family Law (Site not responding. Last check: 2007-10-27)
		In accordance with the principle of lex loci celebrationis, marriages celebrated abroad between foreigners are also valid in the Philippines.
		The term "universally considered incestuous" covers marriages between ascendants and descendants or those between brothers and sisters, whether they be illegitimate or legitimate.
		Thus, marriages between two French first cousins celebrated in Paris, will be recognized as valid here not only because of lex loci celebrationis, but also because such marriage is not considered to be universally incestuous.
	www.tanjutcolaw.com /marriage4.html (202 words)

	WeddingsAtWork.com - The Legal Aspect of Marriage (Site not responding. Last check: 2007-10-27)
		In accordance with the principle of lex loci celebrationis, marriages celebrated abroad between foreigners are also valid in the Philippines.
		The term "universally considered incestuous" covers marriages between ascendants and descendants or those between brothers and sisters, whether they be illegitimate or legitimate.
		Thus, marriages between two French first cousins celebrated in Paris, will be recognized as valid here not only because of lex loci celebrationis, but also because such marriage is not considered to be universally incestuous.
	www.weddingsatwork.com /culture_laws_legalaspect.shtml (1092 words)

	HOREI, ACT ON THE APPLICATION OF LAWS
		(2) Notwithstanding the preceding paragraph, formalities that satisfy the requirements of the law of the place where the act was done (lex loci actus) shall be effective, unless the act is designed to establish or dispose of a right in rem or a right requiring registration.
		(2) The formalities of marriage shall be governed by the law of the place of the ceremony (lex loci celebrationis).
		The formalities of juristic acts affecting family relations covered by Articles 14 to 21 shall be governed by the law applicable to the formation of such act, without prejudice to the application of the law of the place where the act was done (lex loci actus).
	www.crnjapan.com /japan_law/en/law10.html (2289 words)

	INSTITUTIO GENERALIS MISSALIS ROMANI (Site not responding. Last check: 2007-10-27)
		Ita in novo Missali lex orandi Ecclesiae respondet perenni legi credendi, qua nempe monemur unum et idem esse, excepta diversa offerendi ratione, crucis sacrificium eiusque in Missa sacramentalem renovationem, quam in Cena novissima Christus Dominus instituit Apostolisque faciendam mandavit in sui memoriam, atque proinde Missam simul esse sacrificium laudis, gratiarum actionis, propitiatorium et satisfactorium.
		In textibus clara et elata voce proferendis sive a sacerdote vel diacono sive a lectore sive ab omnibus, vox respondeat generi ipsius textus, prouti hic est lectio, oratio, admonitio, acclamatio, cantus; necnon formae celebrationis et sollemnitati coetus.
		Nunc centrum et culmen totius celebrationis initium habet, ipsa nempe Prex eucharistica, prex scilicet gratiarum actionis et sanctificationis.
	www.westtexascatholicparishes.org /docs/igmr02l.htm (7441 words)

	Communion in the Hand: Documents and History
		Quin etiam, in quibusdam communitatibus et locis, eiusmodi ritus est peractus, quamquam approbatio Sedis Apostolicae antea impetrata non erat, atque interdum ita, ut fidelibus opportuna praeparatio deesset.
		This is reasonable since liturgy would not have been able to formulate its prayers and celebrate its mysteries in accordance to those precise contents (lex supplicandi), if the faith in those truths and in those mysteries (lex credendi) would not have previously existed in the Universal Church.
		The liturgical gestures are symbols of lex credendi because, as mans reason and will are manifested by means of the word in what it to be performed, they are also manifested through action (S.
	www.tldm.org /News4/BishopLaise.htm (6929 words)

	person and family
		Answer: Under the doctrine of lex loci celebrationis or the law of the place of celebration of marriage (Oxford Dictionary of Law), your proposed marriage at the Justice Palace is valid and honored in the Philippines, provided that there are no legal impediments for both of you to contract marriage under Philippine law.
		This principle is known as “lex loci celebrationis” or the law of the place of celebration of marriage (Oxford Dictionary of Law).
		Under this principle, all marriages solemnized and divorces obtained outside the territory of the Philippines in accordance with the laws in force in that country and are valid and legal there as such shall also be valid and legal in the Philippines (Justice Jainal D. Rasul, Comparative laws; The Family Code of the Philippines).
	www.philembassykuwait.gov.kw /person%20and%20family.htm (5028 words)

	Report on Jurisdiction in Proceedings for Nullity or Marriage, recognition of Foreign Nullity Decrees, and The Hague ...
		If our courts apply the lex fori, then there may be a temptation for people living abroad to resort to the jurisdiction of our courts in order to obtain a decree of nullity based on a ground to which they would not otherwise have access.
		We consider that the fact that a marriage is celebrated in Ireland should not, of itself, be a reason for conferring validity on it where it fails to comply with the substantive conditions as to validity contained in the law of the parties' habitual residence.
		Whether the marriage complies with the lex loci celebrationis in such circumstances is not of great importance.
	www.lawreform.ie /publications/data/volume5/lrc_39.html (9701 words)

	GayLawNet - Gay Marriages
		In a marriage context, the rules enable a domestic court to rule on the validity of a marriage celebrated abroad and/or between spouses who may be precluded from marriage by their personal law.
		The question, for present purposes, is not observing the "lex" - the legal requirements of a marriage ceremony - but rather finding the appropriate "loci" - a jurisdiction which recognises same sex marriages.
		There are, as the reader will be aware, a number of European jurisdictions - the Netherlands, Denmark or Sweden, for example - which afford de facto marriage status to relationships entered into between same sex couples.
	www.gaylawnet.com /info/gaymarriage.html (1751 words)

	MISSALE ROMANUM
		Concelebrantes vero Sanguinem Domini sumere possunt locis suis manendo et ex calice ipsis a diacono, vel ab uno concelebrante oblato, bibendo; aut etiam, tradendo sibi deinceps calicem.
		Peculiaritates in Missa concelebrata servandae suis locis notantur (cf.
		Natura vero et pulchritudo loci universaeque supellectilis pietatem foveant et sanctitatem mysteriorum quae celebrantur ostendant.
	www.liturgia.it /textus.htm (15760 words)

	G.R. No. 108292 (Site not responding. Last check: 2007-10-27)
		While the rule of lex loci celebrationis generally governs forms and solemnities of contracts under Article 17 of the Civil Code (Vitug, Compendium of Civil Law and Jurisprudence, 1986 First ed., p.
		And relative to this precept on lex situs, Philippine substantive law is certainly clear on the matter that contracts are obligatory, in whatever form they may have been entered into, subject to the existence of all the essential requisites for their validity (Article 1356, New Civil Code).
		Neither does the absence of the Solicitor General's participation render the agreement invalid since under both Executive Order No. 2 and Executive Order No. 14-A, it is the PCGG which has been "primarily charged" with the responsibility of recovering illegally acquired or misappropriated assets.
	www.lawphil.net /judjuris/juri1993/sep1993/gr_108292_1993.html (3944 words)

	Ury v. Jewelers Acceptance Corp. (1964) 227 CA2d 11
		Coleman and Bentel Co., 179 Cal. 598, 604 [178 P. 507].) It is true that JAC arranged it this way, rather than sending an offer to be accepted by appellant in California, but appellant was a business man, dealing largely in credit transactions, and he had counsel available.
		Under generally accepted principles of conflict of laws applicable when the first Restatement was written in 1934, establishing of the lex loci contractus would have been sufficient.
		More important than the lex loci celebrationis in determining the applicable law is the lex loci solutionis, the law of the place of principal performance.
	online.ceb.com /calcases/CA2/227CA2d11.htm (3039 words)

	FlyerTalk Forums - View Single Post - Is BOS going to become a bigger GLBT destination - given gay marriage?
		Under the common law practises related to international recognition of foreign marriage, there are a couple of critera that usually need to be met.
		First, each party to the marriage must have had the capacity to marry under their respective lex domicilis (the law of the place of their respective domiciles).
		And then the marriage must have been celebrated according to the formalities imposed by the lex loci celebrationis (the law of the place where the marriage is celebrated).
	www.flyertalk.com /forum/showpost.php?s=0a745c7cedf76ae23acd035d93429127&p=2853361&postcount=12 (212 words)

	CULTURAL REVOLUTIONS: GAY MARRIAGE by William Watkins (Site not responding. Last check: 2007-10-27)
		If Vermont takes the latter course, there is a risk that homosexuals will travel there to marry, intending to return to their home states to demand recognition of the marriages.
		The United States Constitution commands that “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” In determining the validity of a marriage, most states follow the rule of lex loci celebrationis—the place of the ceremony.
		But it is generally recognized that, if another state has a significant relationship to the spouses at the time of the marriage and upholding the marriage would violate that state’s public policy, then lex loci celebrationis need not be honored.
	www.chroniclesmagazine.org /Chronicles/March2000/0300CultWatkins.htm (658 words)

	Revista Peruana de Derecho de la Empresa
		2095 reconoce el principio de la “lex voluntatis”, esto es, que las partes on libres para escoger la ley aplicable a su relación contractual.
		Así, en primer lugar, ante el silencio de las partes respecto a la ley que ha de regular el contrato, el artículo mencionado señala como aplicable al “lex loci solutionis”, o sea la ley de ejecución.
		La lex mercatoria a la cual recurren a menudo no sólo los juristas, sino sobre todo, los propios operadores en el ámbito de las transacciones de comercio internacional.
	www.asesor.com.pe /teleley/contratojoint.htm (7549 words)

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