CONVENTION ON CELEBRATION AND RECOGNITION OF THE VALIDITY
OF MARRIAGES
(Concluded 14 March 1978)
The States
signatory to the present Convention,
Desiring to
facilitate the celebration of marriages and the recognition of the validity of
marriages,
Have resolved to
conclude a Convention to this effect, and have agreed on the following
provisions -
chapter i -
celebration of marriages
Article 1
This Chapter
shall apply to the requirements in a Contracting State for celebration of
marriages.
Article 2
The formal
requirements for marriages shall be governed by the law of the State of
celebration.
Article 3
A marriage shall
be celebrated -
(1) where
the future spouses meet the substantive requirements of the internal law of the
State of celebration and one of them has the nationality of that State or
habitually resides there; or
(2) where each of the future spouses meets the substantive requirements
of the internal law designated by the choice of law rules of the State of
celebration.
Article 4
The State of
celebration may require the future spouses to furnish any necessary evidence as
to the content of any foreign law which is applicable under the preceding
Articles.
Article 5
The application
of a foreign law declared applicable by this Chapter may be refused only if
such application is manifestly incompatible with the public policy ("ordre public") of the State of
celebration.
Article 6
A Contracting
State may reserve the right, by way of derogation from Article 3, sub-paragraph
1, not to apply its internal law to the substantive requirements for marriage
in respect of a future spouse who neither is a national of that State nor
habitually resides there.
chapter ii -
recognition of the validity of marriages
Article 7
This Chapter
shall apply to the recognition in a Contracting State of the validity of
marriages entered into in other States.
Article 8
This Chapter
shall not apply to -
(1)
marriages celebrated by military authorities;
(2) marriages celebrated aboard ships or aircraft;
(3) proxy marriages;
(4) posthumous marriages;
(5) informal marriages.
Article 9
A marriage
validly entered into under the law of the State of celebration or which
subsequently becomes valid under that law shall be considered as such in all
Contracting States, subject to the provisions of this Chapter.
A marriage
celebrated by a diplomatic agent or consular official in accordance with his
law shall similarly be considered valid in all Contracting States, provided
that the celebration is not prohibited by the State of celebration.
Article 10
Where a marriage
certificate has been issued by a competent authority, the marriage shall be
presumed to be valid until the contrary is established.
Article 11
A Contracting
State may refuse to recognise the validity of a marriage only where, at the
time of the marriage, under the law of that State -
(1) one of
the spouses was already married; or
(2) the spouses were related to one another, by blood or by adoption, in
the direct line or as brother and sister; or
(3) one of the spouses had not attained the minimum age required for
marriage, nor had obtained the necessary dispensation; or
(4) one of the spouses did not have the mental capacity to consent; or
(5) one of the spouses did not freely consent to the marriage.
However,
recognition may not be refused where, in the case mentioned in sub-paragraph 1
of the preceding paragraph, the marriage has subsequently become valid by
reason of the dissolution or annulment of the prior marriage.
Article 12
The rules of
this Chapter shall apply even where the recognition of the validity of a
marriage is to be dealt with as an incidental question in the context of
another question.
However, these
rules need not be applied where that other question, under the choice of law
rules of the forum, is governed by the law of a non-Contracting State.
Article 13
This Convention
shall not prevent the application in a Contracting State of rules of law more
favourable to the recognition of foreign marriages.
Article 14
A Contracting
State may refuse to recognise the validity of a marriage where such recognition
is manifestly incompatible with its public policy ("ordre
public").
Article 15
This Chapter
shall apply regardless of the date on which the marriage was celebrated.
However, a
Contracting State may reserve the right not to apply this Chapter to a marriage
celebrated before the date on which, in relation to that State, the Convention
enters into force.
chapter iii -
general clauses
Article 16
A Contracting
State may reserve the right to exclude the application of Chapter I.
Article 17
Where a State
has two or more territorial units in which different systems of law apply in
relation to marriage, any reference to the law of the State of celebration
shall be construed as referring to the law of the territorial unit in which the
marriage is or was celebrated.
Article 18
Where a State
has two or more territorial units in which different systems of law apply in
relation to marriage, any reference to the law of that State in connection with
the recognition of the validity of a marriage shall be construed as referring
to the law of the territorial unit in which recognition is sought.
Article 19
Where a State
has two or more territorial units in which different systems of law apply in
relation to marriage, this Convention need not be applied to the recognition in
one territorial unit of the validity of a marriage entered into in another
territorial unit.
Article 20
Where a State
has, in relation to marriage, two or more systems of law applicable to
different categories of persons, any reference to the law of that State shall
be construed as referring to the system of law designated by the rules in force
in that State.
Article 21
The Convention
shall not affect the application of any convention containing provisions on the
celebration or recognition of the validity of marriages to which a Contracting
State is a Party at the time this Convention enters into force for that State.
This Convention
shall not affect the right of a Contracting State to become a Party to a
convention, based on special ties of a regional or other nature, containing
provisions on the celebration or recognition of validity of marriages.
Article 22
This Convention
shall replace, in the relations between the States who are Parties to it, the
Convention Governing Conflicts of Laws Concerning Marriage, concluded at The
Hague, the 12th of June 1902.
Article 23
Each Contracting
State shall, at the time of signature, ratification, acceptance, approval or
accession, inform the Ministry of Foreign Affairs of the Netherlands of the
authorities which under its law are competent to issue a marriage certificate
as mentioned in Article 10 and, subsequently, of any changes relating to such
authorities.
chapter iv -
final clauses
Article 24
The Convention
shall be open for signature by the States which were Members of the Hague
Conference on Private International Law at the time of its Thirteenth Session.
It shall be
ratified, accepted or approved and the instruments of ratification, acceptance
or approval shall be deposited with the Ministry of Foreign Affairs of the
Netherlands.
Article 25
Any other State
may accede to the Convention.
The instrument
of accession shall be deposited with the Ministry of Foreign Affairs of the
Netherlands.
Article 26
Any State may,
at the time of signature, ratification, acceptance, approval or accession,
declare that the Convention shall extend to all the territories for the
international relations of which it is responsible, or to one or more of them.
Such a declaration shall take effect at the time the Convention enters into
force for that State.
Such
declaration, as well as any subsequent extension, shall be notified to the
Ministry of Foreign Affairs of the Netherlands.
Article 27
A Contracting
State which has two or more territorial units in which different systems of law
apply in relation to marriage may, at the time of signature, ratification,
acceptance, approval or accession, declare that the Convention shall apply to
all its territorial units or only to one or more of them, and may extend its
declaration at any time thereafter.
These
declarations shall be notified to the Ministry of Foreign Affairs of the
Netherlands, and shall state expressly the territorial unit to which the
Convention applies.
Article 28
Any State may,
not later than the time of ratification, acceptance, approval or accession,
make one or more of the reservations provided for in Articles 6, 15 and 16. No
other reservation shall be permitted.
Any State may at
any time withdraw a reservation it has made. The withdrawal shall be notified
to the Ministry of Foreign Affairs of the Netherlands.
The reservation
shall cease to have effect on the first day of the third calendar month after
the notification referred to in the preceding paragraph.
Article 29
The Convention
shall enter into force on the first day of the third calendar month after the
deposit of the third instrument of ratification, acceptance, approval or
accession referred to in Articles 24 and 25.
Thereafter the
Convention shall enter into force -
(1) for
each State ratifying, accepting, approving or acceding to it subsequently, on
the first day of the third calendar month after the deposit of its instrument
of ratification, acceptance, approval or accession;
(2) for a territory to which the Convention has been extended in
conformity with Article 26, on the first day of the third calendar month after
the notification referred to in that Article.
Article 30
The Convention
shall remain in force for five years from the date of its entry into force in
accordance with the first paragraph of Article 29 even for States which
subsequently have ratified, accepted, approved it or acceded to it.
If there has
been no denunciation, it shall be renewed tacitly every five years.
Any denunciation
shall be notified to the Ministry of Foreign Affairs of the Netherlands, at
least six months before the expiry of the five year period. It may be limited
to certain of the territories or territorial units to which the Convention
applies.
The denunciation
shall have effect only as regards the State which has notified it. The
Convention shall remain in force for the other Contracting States.
Article 31
The Ministry of
Foreign Affairs of the Netherlands shall notify the States Members of the
Conference, and the States which have acceded in accordance with Article 25, of
the following -
(1) the
signatures and ratifications, acceptances and approvals referred to in Article
24;
(2) the accessions referred to in Article 25;
(3) the date on which the Convention enters into force in accordance with
Article 29;
(4) the extensions referred to in Article 26;
(5) the declarations referred to in Article 27;
(6) the reservations referred to in Articles 6, 15 and 16, and the
withdrawals referred to in Article 28;
(7) the information communicated under Article 23;
(8) the denunciations referred to in Article 30.
In witness
whereof the undersigned, being duly authorised thereto, have signed this
Convention.
Done at The
Hague, on the 14th day of March, 1978, in the English and French languages,
both texts being equally authentic, in a single copy which shall be deposited
in the archives of the Government of the Netherlands, and of which a certified
copy shall be sent, through the diplomatic channel, to each of the States
Members of the Hague Conference on Private International Law at the date of its
Thirteenth Session.
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