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Polish marriages and the vexed question of nullity

Polish marriages and the vexed question of nullity

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2018) Polish marriages and the vexed question of nullity. Family Law (48). pp. 1308-1311. ISSN 0014-7281

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The article evaluates the reasoning in Taczanowska (otherwise Roth) v Taczanowski (CA) on whether a marriage between two Polish nationals, that had been celebrated in Rome in 1946 by a Polish army chaplain in the context of a Polish regiment's occupation of Italy, was void on the ground that certain Italian law requirements had not been met or was valid under English common law, the jurisdiction in which the couple had lived as husband and wife. The article argues that a better approach would be for the parties' marriage to be determined by the law of the their domicile, the country most concerned with the acquisition of the status of marriage. Where the two parties have different domiciles, the marriage should be held invalid if it does not comply with the law of the domicile of either party. Alternatively, consistently with the case law concerning the personal capacity of the parties to the marriage, the governing law should be that of the country of the husband's domicile at the time of the marriage.

Item Type: Article
Uncontrolled Keywords: choice of law, common law marriage, nullity, overseas marriage, conflict of laws, family law
Subjects: K Law > K Law (General)
Faculty / School / Research Centre / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
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Last Modified: 08 Jan 2019 11:46

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