SECTION XIII - Law Of Husband And Wife

Manual of German LawPart III PRIVATE INTERNATIONAL LAW (2008)

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SECTION XIII - Law Of Husband And Wife

71. The German rules on the conflict of laws relating to the conclusion of a marriage are very different from, and much more complicated than, the corresponding rules of English law. It is necessary to distinguish between the rules relating to substance, such as the requirement of a valid intention to enter into the marriage, absence of certain degrees of kinship, etc., and the rules relating to form.

72. As regards substance the rule is that the law of the nationality of both spouses applies, article 13 (1), EGBGB. If the spouses are of different nationality, the requirements of each law must be complied with in regard t...

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