Validity of Marriage Under International Private Law with Special Reference to 1978 Hague Marriage Convention: Towards Harmonization and Unification of the Rules of International Private Law Relating to Marriage

I JCLC (2013) 32-47 ISSN: 2321-4716

18 Pages Posted: 12 Aug 2016

Date Written: September 23, 2013

Abstract

It is true that each country has its own culture, which regulates inter-personal relationship in the field of family law. Nevertheless, there is a need for the unification and codification of rules of conflict of laws relating to matrimonial matters so as to discourage forum shopping and thereby prevent limping marriages. Requirements of rule of law and gender justice on the one hand, and the need to protect the basic human rights of parties to a marriage on the other, also demand internationally accepted norms to deal with inter personal and inter national disputes. This paper attempts to analyse the Hague Convention that seeks to harmonise the different marriage laws, known as the “Convention on the Celebration and Recognition of the Validity of Marriages”, that was concluded at The Hague on 14 March 1978.

Keywords: marriage, law, gender, women, india

JEL Classification: K1, K10, K19

Suggested Citation

Tandon, Usha, Validity of Marriage Under International Private Law with Special Reference to 1978 Hague Marriage Convention: Towards Harmonization and Unification of the Rules of International Private Law Relating to Marriage (September 23, 2013). I JCLC (2013) 32-47 ISSN: 2321-4716, Available at SSRN: https://ssrn.com/abstract=2821514 or http://dx.doi.org/10.2139/ssrn.2821514

Usha Tandon (Contact Author)

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