ro fr
universul juridic magazin
Revista Română de Drept Privat

Marriage contracting in private international law. Developments and trends

Family, in private international law, remains one of the most dynamic and interesting area of conflict of laws, especially in the light of changes that states’ substantive laws suffer. The time of changes is just at its beginning. One can easily notice novel regulations – these are not else but the reflection of profound changes in family domestic law. Moreover, these are not variations on the same theme, but changes in mentality, views and concepts which are also reflected at the legislative level – firstly, in the European courts case-law and, gradually, in national perimeters. This study examines the marriage legal relations with foreign element. This extension deals with the promise of marriage and other relationships generated by a marriage, but seen in another setting than marriage. The practice of trans and cross-border relations brings in a series of legal patterns not yet experienced by Romanian domestic law. Rights acquired in another State, private international law public order, parallel regulations – at national, European or international level or through international conventions – are absolutely necessary in order to harmonize solutions offered by both conflict of laws and conflict of jurisdictions. The substantive and formal requirements are the general framework of debate for marriage with foreign element. Among the difficult issues we mention fictitious marriages, polygamous marriages, same-sex marriages, marriages celebrated abroad that followed unknown formalities for the forum state (religious marriage, for instance, as regulated in some systems). Frequently, national law offers different solutions for both conflicts of law in space and for conflicts of laws in time and space; Romanian domestic law provides specific regulation for the matrimonial relations with foreign element.