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La célébration du mariage en droit international privé

Abstract : The recent movements of family and family law have struck this end of century, in france aswell as abroad, and have in particular led towards a diversification in the forms of the union of sexes. These new data unavoidably rebound on the field of the celebration of mariage and most specifically on the conflict of laws where situations diversify without producing the same legal effects. Therefore the value of the celebration of mariage in conflict of laws should be examined, considering that the rules of conflict in this field, haven't yet taken into account the deep modifications of our society. It is therefore important to determine its aims aswell as its mecanisms. This study has revealed the real nature of the conflict of laws governing this field aswell as the fact that the celebration of mariage proceeds more from the substancial conditions than the conditions of form. It also highilighted the principally private feature of mariage at the stage of its conclusion. These observations have led towards a revaluation of the methods and the rule of conflict applicable to the forming of the union. It consists in the proposal of a pluralistic system, an alternative rule of conflict, under which several laws are comptent to govern the modes of celebrating mariage in the conflict of laws.
Keywords : Marriage
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Submitted on : Tuesday, June 15, 2021 - 12:28:44 PM
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lise RALSER_La célébration d...
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Élise Ralser. La célébration du mariage en droit international privé. Droit. Université Panthéon-Assas (Paris II), 1998. Français. ⟨tel-03260994⟩



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