Rules

of Conflict of
Laws
Structure/Connecting
Factors
 PRIVATE INTERNATIONAL LAW REGULATES:

JURISDICTION
CONFLICT
“CONFLICTS” OF LEGAL CHOICE OF LAW in a particular legal proceeding
LAWS RULES
FOREIGN JUDGEMENTS - recognition &
enforcement

VALUE OF FOREIGN JUDGEMENTS & OTHER

DOCUMENTS
MATERIAL ISSUES
RELATED TO CASES SUBSTANTIVE JUDICIAL ASSISTANCE
WITH A FOREIGN LEGAL RULES
ELEMENT INTERNATIONAL MARRIAGE/DIVORCE
(without a judicial
proceeding) INTERNATIONAL ADOPTION

INTERNATIONAL COMMERCIAL MATTERS

(contracts, methods of payments, logistics, etc.)
 PRIVATE INTERNATIONAL LAW OFFERS:

TO IMPLEMENT THEM INTO THE

STATES NATIONAL LAW IF A STATE
FINDS IT APPROPRIATE

RECOMMENDATORY /
DISCRETIONAL
NORMS FOR “MODEL NORMS”
TO USE THEM IN PRIVATE
PRIVATE CONTRACTS IF PARTIES FIND IT
PERSONS APPROPRIATE
CONNECTING FACTORS IN PRIVATE INTERNATIONAL LAW
 Rules of Conflict of Laws - Structure
WHAT IS REGULATED?
OBJECT WHAT RELATIONS ARE
REGULATED?

CONFLICT
NORM
set of rules that
determines which legal
system/jurisdictions
WHAT LEGAL SYSTEM
applies to particular case CONNECTING REGULATES THE
FACTOR OBJECT?
 REVISE THE FOLLOWING PROVISIONS OF THE
MEXICAN LEGISLATION AND ANSWER THE QUESTIONS:

- do you think these norms are special somehow?

- in what cases are they applicable?

1. The Federal Civil Code, art. 13. II;

2. The Federal Civil Code, art. 13. III;
3. The Federal Civil Code, art. 13. IV;
4. The Federal Civil Code, art. 13. V;
5. The Federal Civil Code, art. 2736
6. The Commercial Code (el Código de Comercio), art. 79.II;
7. The Civil Code of the Federal District, art. 1593;
8. The Civil Code of the Federal District, art. 2736;
9. The General Law of Titles and Credit Operations (La Ley General de Títulos y Operaciones de
Crédito), art. 252 - 258
FEATURES OF CONFLICT NORMS
(1) THEY DO NOT REGULATE BEHAVIOUR OF PARTIES IN THE LEGAL PROCESS
NOR THEY RESOLVE A SUBSTANCE OF A DISPUTE

(2) THEY ONLY SEND US TO THE APPROPRIATE LEGAL SYSTEM WHICH LAWS
SHOULD BE APPLIED

(3) IF THEY ARE NOT FULFILLED / APPLIED THERE ARE NO SANCTIONS

PRACTICAL USAGE OF CONNECTING FACTORS IN A LEGAL CASE

CONNECTING FACTORS

LINKS BETWEEN EVENTS, THINGS, CONNECT LEGAL CATEGORIES TO

TRANSACTIONS, PERSONS AND APPLICABLE LAWS/JURISDICTION
COUNTRY (via them we link a dispute to (contract, tort, succession, etc.)
a particular country)

SOME OUTSTANDING FACT WHICH

ESTABLISHED NATURAL CONNECTION
BETWEEN FACTUAL SITUATION BEFORE
THE COURT AND PARTICULAR SYSTEM OF
LAW
 VIA CONNECTING FACTORS

WE MAY DETERMINE

JURISDICTION OF A APPLICABLE LAW

PARTICULAR COURT

WHERE TO RECOGNIZE
AND ENFORCE A FOREIGN
JUDGEMENT
 CAN BE A PART OF

REMEMBER! 1) CONFLICT NORM

2) MATERIAL NORM
CONNECTING FACTOR
 GENERAL CONNECTING FACTORS
LEX DOMICILII LEX PERSONALIS LEX PATRIAE

LEX SITUS LEX LOCI CONTRACTUS LEX LOCI PROTECTIONIS

(LEX LOCI REI SITAE)

LEX LOCI DELICTI COMMISSI LEX LOCI CELEBRATIONIS LEX CAUSAE

LEX SOCIETATIS
LEX LOCI SOLUTIONIS LEX FORI
LEX LOCI ACTUS

LEX LOCI LABORIS LEX FLAGI LEX VOLUNTATIS

 Three forms of domicile:
DOMICILE AS
CONNECTING
domicile of origin (acquired at
birth);

FACTOR domicile of dependence

(domicile dependent on
another);
domicile is most common domicile of choice (acquired by
connecting factor independent person residing in
“permanent home” country w/ intention to settle
indefinitely, factum, animus)
APPROACH TO DOMICILE IN CIVIL AND COMMON LAW COUNTRIES:
DIFFERENCES AND SIMILARITIES

CIVIL LAW COUNTRIES COMMON LAW COUNTRIES

APPROACH IS FORMAL APPROACH IS FLEXIBLE

NORMALLY DEPENDS ON TIME MAY DEPEND ON TIME SPENT IN

SPENT IN THE PARTICULAR THE PARTICULAR JURISDICTION
JURISDICTION PLUS

THE CONDITION OF INTENT IS

ESTABLISHED
 PRINCIPLES OF I. No person can be w/o domicile; necessary that every
person has domicile so that legal rights, responsibilities
DETERMINATION
can be determined
OF DOMICILE
o Bell v Kennedy (English practice): Westbury: to every adult law
prescribes domicile… remains fixed until new, different
Domicile is the status or usurps its place
attribution of being a o Udny v Udny (English practice): settled principle that no man
lawful permanent shall be w/o domicile
resident in a particular
jurisdiction. II. Person cannot have more than one domicile, at least
for same purpose
Normally courts will
apply their own rule of III. Presumption in favor of continuance of domicile of
domicile to determine
origin: burden of proof lies on person who asserts
where person domiciled
domicile of origin lost.
 DOMICILE OF ORIGIN (DOO)
Features:
● acquired at birth;
● arises by operation of law;
● person’s domicile of origin depends on domicile of one parent at time of birth, and
not where person is born nor where parents residing at time of birth.

Loss of DOO:
● DOO can be abandoned if one evinces clear intention to do so.
● At common law it is more difficult to lose domicile of origin; has special tenacity

Revival of domicile of origin:

● never totally lost;
● if one acquire new domicile, domicile of choice remains in abeyance, performs a
gap-filling function,
● if person appears to be w/o domicile then the domicile of origin revives
 CASE LAW ON DOMICILE OF ORIGIN
(1) Udny v Udny: when another domicile is put on, domicile of origin is for that purpose relinquished,
and remains in abeyance during continuance of domicile of choice; but as domicile of origin is creature
of law, and independent of the will of parties, it would be inconsistent w/ principles of which by law it is
created, ascribed, to suppose that it is capable of being by act of any party entirely obliterated,
extinguished. It revives, exists whenever there is no other domicile.

(2) Tee v Tee: man DOO En, obtained domicile of choice (DOC) in US; subsequently worked in Germany,
did not acquire domicile there; originally he intended to settle in US; while in Germany he began legal
proceedings in England; court would hear case only if he was domiciled there; while in Germany, he
decided not to settle in US, abandoned his DOC, thus DOO revived

(3) Winans v AG: American millionaire, disliked England, spent 37 yrs in England; dreamed of returning
to America; held: DOO not lost – character most enduring.
 DOMICILE OF CHOICE (DOC)
Features:
- acquired by residing in country w/ intention to remain permanently or indefinitely;
- two tests: objective test of residence factum, subjective test of intention animus; both must
coexist.
Residence: need not be of any particular duration, but must be residence in pursuance of intention
to settle permanently or indefinitely (if intention of permanently residing in place exists, residence
pursuant to that intention, however, short, will establish domicile). Person may reside in two
countries, but he must show one is his chief residence
Principles of DOC:
● Residence must be lawful, based on public policy: courts cannot allow person to acquire
domicile in defiance of law;
● Intention: a person must intend to settle permanently or indefinitely. Must be an intention to
settle in particular country; where a person undecided, DOO remains.

Abandonment of Domicile: a person loses domicile of choice if he both ceases to reside in country
and ceases to intend to reside.
 CASE LAW ON DOMICILE OF CHOICE
Intention:
Bell v Kennedy: new domicile not acquired until there is not only fixed intention of establishing
permanent residence, but until also this intention has been carried out by actual residence there.

Re Fuld: F born in Germany, later acquired Canadian nationality; held he was domiciled in Germany
b/c he never decided which is his permanent home.

Residence must be lawful:

Puttick v AG: a person fugitive in Germany; fled to England on forged passport; court: even though
she had requisite intention to remain in England permanently, not domiciled; residence illegal,
obtained by fraud.

Chief residence:
Plummer v IRC: propositus has home in England, where she did secretarial course, went to
university and home in Guernsey, where her family resided, a Guernsey driver’s license and
passport, and she spent weekends and holidays; court: she had not acquired domicile in Guernsey
b/c it was not her chief residence.
 DOMICILE OF DEPENDENCE (DOD)
Features:

● Conferred on legally dependent persons by operation of law;

● Certain classes of person regarded as dependent, incapable of forming requisite
intention to acquire domicile of choice.

Types of persons to whom (DOD) can be applicable:

● children;
● married persons (sometimes);
● mentally disabled people;
● persons in the state/private organizations of special character (orphanage
house, army, prison, etc.)
 ADVANTAGES OF DOMICILE

More natural, appropriate to subject person to law of home

than law of country he may have left years ago.

Domicile a very practical test in certain political units such as

UK, US where persons of same nationality but different legal
systems.
 DISADVANTAGES OF DOMICILE

1. Sometimes legal domicile out of touch with reality as law may regard person
domiciled in country he is not resident in (i.e. if domicile of origin revives, which
court places great emphasis on) – sometimes domicile artificial concept.

2. Person may be regarded as not domiciled b/c intention dependent on future

occurrence, but still lived in country for long time.

3. Finding that person domiciled in particular country, often dependent on proof of

intention; such intention often cannot be resolved w/ certainty w/o recourse to
courts
 ALTERNATIVES TO DOMICILE
RESIDENCE NATIONALITY

generally alternative to domicile, nationality; more ● in common law jurisdiction, domicile is

desirable connecting factor for regulating personal most common connecting factor,
matters, such as education, health, family; residence is ● in civil law jurisdiction, nationality is
usually classified as ordinary or habitual most common

Ordinary residence: Habitual residence: Advantages: nationality more easily

ordinary residence refers to
man’s abode in particular
place or country, which he
adopts voluntarily and for
settled purposes as part of
regular order of life for time
being, whether long or short
compromise b/w ascertained, therefore more certain; more
domicile, nationality; difficult to change, thus difficult to evade law.
first developed at Hague
Convention on Private Disadvantages: where person citizen of two
International Law countries; unrealistic if person left country
but not naturalized in new country.
 PERSONAL LAW OF COMPANY
- determines its existence, and

COMPANY’S
- governs also its dissolution and
its capacity to contract.

DOMICILE
personal law of company is
that of its domicile - place of
incorporation
Law of place of incorporation
dictates who can sue, be sued on its
behalf and governs the extent to
which members personally liable
for debts.
 THEORIES TO DETERMINE A COMPANY’S
RESIDENCE/DOMICILE (for the purposes of jurisdiction):

1. THEORY OF INCORPORATION

2. THEORY OF CONTROL (PLACE OF CONTROL);

3. THEORY OF ADMINISTRATIVE CENTER ;

4. THEORY OF MAIN COMMERCIAL ACTIVITY.

In continental law countries the theory of incorporation prevails, in common law

countries - theory of control (as the main one) and another two (of administrative
center and main commercial activity).
Company’s domicile/nationality/residence

Domicile and Residence primarily important for tax

nationality: purposes; liability dependent if
determined by company resident in particular
law of place of jurisdiction.
incorporation;
company cannot Tax residence is dependent on where
change its central management, control exists
domicile or rather than by place of incorporation.
nationality Companies residence is significant to
enforce foreign judgments.
Company’s domicile/nationality/residence
De Beers Consolidated Mines v Howe:
company incorporated in South Africa, where it made profits from mining diamonds;
had board of directors in South Africa, board managed day to day operations;
another board was in London, which in conjunction with board in SA made policy
decisions; board in London regarded as controlling policy; meeting of members,
mining, sales of diamonds took place in SA.
The court held: tax assessed in London as central management, control exercised
there.

Egyptian Delta Land & Investment Co v Todd: company simply maintained office in
England, register of members, local secretary to comply with minimum legal
requirements; but its directors, seals, books, active secretary, bank account in Cairo;
The court held: company resident in Egypt.
 PARTICIPATION TASK
ANALYZE THE MEXICAN LEGISLATION AND PRESENT ANSWERS FOR THE
FOLLOWING QUESTIONS:

1. How domicile of origin / choice / dependence is regulated by the Mexican

legislation?
2. How domicile of companies is determined? What theories were applied in
the Mexican legislation?

Present your answers in a scan card form.

Elements of scan card:

1) photo
2) answers on the questions presented
3) references on the additional material (if used,)
4) references on the articles of legislation
RUBRICS FOR EVALUATION:
Scan cards for the Excellent Good Regular Deficient
Participation task (50%) (40%) (15%) (10%)
(domicile)

Information All questions All questions are One questions is Both answers contain
presented are answered but there answered in a right considerable mistakes
answered in a right are some mistakes way, another answer or do not contain
way with the reference with refrence on the contains mistakes. substantial
of norms of Mexican articles of the Mexican information.
legislation legislation

Coherence All answers are All answers are All answers are Students used
presented in English, presented in English, presented in English Spanish, or presented
they are logic and they are logic but the but contain a lot of mistakes in
show a good structure. structure of answer is considerable mistakes English that prevent
The form of a scan not coherent and/or and the structure is adequate
card is presented with there are mistake in a not coherent and/or understanding of the
all obligatory form of a scan card. the form of a scan material, and/or there
elements. card is not correct. are considerable
mistakes in a form of a
scan card.
EXAMPLE OF SCAN CARD
 APPLICATION OF
CONNECTING FACTORS
 INFLUENCE OF CONNECTING FACTORS ON A JUDICIAL PROCESS

TO DETERMINE JURISDICTION TO DETERMINE APPLICABLE LAW TO RECOGNIZE AND ENFORCE A

JUDGEMENT

ACTIO EN ACTIO EN REM LEX FORI LEX

PERSONAM VOLUNTATIS
ACTIO EN ACTIO EN REM
PERSONAM
DEFINED VIA THE
“PRESENCE” OF LEX SITUS LEX CAUSAE
DEFENDANT (LEX LOCI REI
LEX SITUS
SITAE)
(LEX LOCI REI
LEX SITAE)
LEX PERSONALIS
LEX SITUS LEX LOCI PERSONALIS
(LEX LOCI ACTUS
REI SITAE)
LEX FLAGI
LEX DOMICILII LEX LOCI DELICTI
LEX LOCI COMMISSI
CONTRACTUS
LEX PATRIAE LEX LOCI LABORIS
LEX LOCI DELICTI
LEX LOCI
COMMISSI
CELEBRATIONIS LEX LOCI PROTECTIONIS
LEX SOCIETATIS

LEX LOCI SOLUTIONIS

 LEX PERSONALIS
By the personal law legal status of persons (individuals and companies) is
governed.
Lex personalis is a general legal term that can be determined by

LEX DOMICILII LEX LIGEANTIAE

OR
the law of the party's place of LEX PATRIAE
domicile the party's national law
(is applied by deficiency)

LEX PERSONALIS of companies is also called as LEX SOCIETATIS

LEX DOMICILII
capacity to marry / to conclude a marriage
contract / to divorce / to separate

the law of the domicile by which capacity to make a will / the validity of a will
the rights/obligations of persons
are sometimes governed
capacity to contract / to get a legal title

INDIVIDUALS legal capacity / capacity to contract

capacity to bear liabilities and to be a party to a

COMPANIES legal proceeding

tax obligations (when there is no contradiction

with residence)
 Once a court has ruled that it has jurisdiction to hear the case, it must then decide
among the possible laws to be applied.
Here, there are 3 options:

LEX FORI LEX CAUSAE LEX VOLUNTATIS

is the law administered by the court
hearing the case.
Mexican law is the lex fori for a Mexican
court.
When the parties and the causes of action
are local, the court will apply the lex fori
the prevailing municipal law. If there are
foreign elements to the case, the forum
court should, under the conflict of laws,
consider if it should apply one or more
foreign laws (lex causae).
Confirmation of jurisdiction & procedure
are always determined by the lex fori
is the law or laws chosen is the law or laws chosen
by the forum court from by the parties of a contract
among the relevant legal
systems connected with a
case via a foreign element. This norm is applied only to
contract relations and is
based on the principle of
The term refers to the usage freedom of will.
of particular local laws as the
basis or "cause" for the ruling,
which would itself become
part of referenced legal
canon.
 LEX SITUS (LEX LOCI REI SITAE)

the law of the place where the property in question is situated

(or in some cases where it was situated at the time of some legally relevant
transaction). It is most usually applied to immovable property.

is the doctrine that the law governing the transfer of title

to property is dependent upon and varies with the
location of the property
 LEX LOCI ACTUS

is the law of the place where the act or legal action (that gave rise to the legal
claim) occurred or is done

RULE: VALIDITY AND FORM OF DOCUMENTS ISSUED ON A TERRITORY OF A STATE SHOULD BE GOVERNED BY
THE LAW OF THAT STATE

In Austin v. River, 95 Ohio App. 400 (Ohio Ct. App. 1953), Whether a plaintiff has title to a vehicle must be
determined by the substantive law of his/her state of domicile, and depends on whether plaintiff has
complied with the law of the state of his domicile in respect to registration of motor vehicles, lex loci actus,
the rule of the place of the act must be proved.

SHOULD NOT BE CONFUSED WITH LEX LOCI DELICTI COMMISSI, the latter is only for injuries/tort claims
 LEX LOCI DELICTI COMMISSI or
LEX LOCI DELICTI

The law of the place where a wrong was committed

It is a recognized principle of the law of the conflict of laws that

the law of the state where an alleged tort is completed controls the liability.

Where a tort is committed in one state and sued on in another, the lex loci
delicti principle controls it.
 LEX LOCI DELICTI COMMISSI or
LEX LOCI DELICTI

the rule derived from the vested rights doctrine.

According to the vested rights doctrine,

a plaintiff’s cause of action owes its creation to the law of the jurisdiction
where the injury occurred and depends for its existence and extent solely on
such law.
Thus, where the tortious act and the resulting injury occur in different states,
the rule is that the substantive law of the state where the injury occur
controls.
 In the absence of the parties’ choice of law applicable to a contract between them, the
following connecting factor can apply:

LEX LOCI CONTRACTUS

the law of the place where a contract was entered
into should be applied to decide any issue arising out
of that contract

PRINCIPLES OF CONTRACT INTERPRETATION:

1. If a contract is valid where it was concluded, it is (generally) valid everywhere (i.e. in all comity
states);
2. If a contract is void where it was concluded, it is void everywhere (i.e. in all comity states);
3. An exception in comity exists: The agreement will not be held valid in the forum country if it
violates the law of the forum country, or if it violates the law of nature, or if it violates the Law
of God;
4. A contract may be deemed valid in lex loci contractus, but if it is a revenue law of that state it
will not be enforced in the forum state.
If a contract is concluded in one state but its content specifies that it is to be
carried out in another state, two loci are thus generated:

LEX CONTRACTUS LEX LOCI SOLUTIONIS

The law of the place where a
contract was signed
It governs all matters concerning the
mode of constructing the contract,
the meaning of each factor therein,
the nature of the contract, and its
validity.
law of the place of solution; the law
of the place where payment or
performance of a contract is to be
made
It applies to the performance or
execution of the contract.
 LEX LOCI CELEBRATIONIS

the law of the place where the marriage was registered / celebrated

It refers to the validity of the union, independent of the laws of marriage of the countries
involved:
where the two individuals have legal nationality or citizenship, or where they live (reside or
are domiciled).
The assumption is that such a marriage, when lawfully and validly celebrated under the
relevant law of the land, is also lawful and valid.

This law governs such questions as

- the formalities required for a marriage,
- whether or not such a marriage is monogamous or polygamous, and
- possibly what law governs impotence or wilful refusal to consummate a
marriage.
 LEX LOCI LABORIS

the law of the country in which a worker is employed

All conflicts in the framework of labor law should be resolved on the basis of
the law of the place where an employer hires an employee and/or where an
employee usually exercises its work duties.

EXCEPTIONS FROM THIS RULE:

- officials of international intergovernmental organizations;

- crews /staff of aircrafts and ships/vessels;
- members of diplomatic/consular missions;
- employees with business assignments on the territory of foreign states.
 LEX LOCI PROTECTIONIS
The law of the country in which legal protection for the intellectual property is claimed.

Under lex loci protectionis, works from long-copyright country A have a short copyright term in
short-copyright country B, but works from country B enjoy long copyright protection in country A.

The Berne Convention for the Protection of Literary and Artistic Works 1886 has lex loci protectionis
provisions in its Article 7(8) and Article 16.

ARTICLE 7
(1) The term of protection granted by this Convention shall be the life of the author and fifty years after his death.
(8) In any case, the term shall be governed by the legislation of the country where protection is claimed; however, unless the
legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work.

ARTICLE 16
(1) Infringing copies of a work shall be liable to seizure in any country of the Union where the work enjoys legal protection.
 LEX FLAGI
the law of the place where the particular vessel received its flag (where it
was officially registered).

- is applied to air/maritime/space vessels;

- regulates questions of ownership and property rights over a vessel;
- limits of responsibility for an owner of vessel.

THEORY OF PROXIMITY
(CLOSE CONNECTION)
Relations with a foreign element
should be regulated by law of a
place which is the one
considerably and to the most
extent connected with them
Choice of Law Rules
are structured to lead
to the application of a
law which has a close
connection with either
the parties of the
cause of action
 THEORY OF PROXIMITY (CLOSE CONNECTION)

PROPER LAW DOCTRINE

the law to be applied in any given situation will be the proper law.
This is the law which seems to have the closest and most real
connection to the facts of the case, and so has the best claim to be
applied.
SOMETIMES THE PROXIMITY RULE CAN “OVERRIDE” A CONFLICT RULE;
PRACTICAL EXAMPLES:
In Casey v. Manson Constr. & Engineering
Co., 247 Ore. 274 (Or. 1967), the court
held that in an action for a personal
injury, the local law of the state where
the injury occurred determines the
rights and liabilities of the parties,
unless some other state has a more
significant relationship with the
occurrence and the parties as to the
particular issue involved, in which
event the local law of the latter state
will govern.
In Richards v. United States, 369 U.S. 1
(U.S. 1962), the court observed that the
general conflict of laws rule, followed by
a vast majority of the states, is to apply
the law of the place of the injury to the
substantive rights of the parties, but the
recent tendency of some states has
been to depart from this rule in order to
take into account the interests of the
state having significant contact with the
parties to the litigation.
 PRACTICAL EXAMPLE OF APPLICATION OF CONNECTING FACTORS

Suppose that a person domiciled in Canada and a person habitually resident in France, make
a contract by e-mail. They agree to meet in New York State to record a CD. After that the
French resident breaks a contract by not paying to the Canadian for his services. How the
case resolution should be planned in terms of stages of cases with a foreign element? Name
all possible connecting factors that can be used and explain why they can be used.

● the lex domicilii and law of habitual residence to determine whether the parties had
the capacity to enter into the contract;
● the lex loci contractus which could be difficult to establish since neither party left his
own jurisdiction (reliance on postal rules for offer and acceptance in the several
putative/supposed leges causae might produce different results);
● the lex loci solutionis might be the most relevant since New York is the most closely
connected to the substance of the obligations assumed;
● the proper law; and
● the lex fori which might have public policy issues if, say, one of the parties was an
infant.
 TWO CATEGORIES OF LITIGATION (in general)
THE ORDINARY CASE THE CONFLICT OF LAWS CASE
i
nvolves operative facts involves operative facts and issues some of which are
and issues which are connected with legislative jurisdictions other than that of
the forum.
connected with only
In this type of case no one system of positive law regulates
that legislative the entire situation.
jurisdiction in which
the court sits and the The court might either
court simply applies 1. decide arbitrarily without reference to any system of
the law of the forum. law, or
2. apply its own law exclusively, or
3. refer the matter to the system of law with which the
case seems to have the closest association.
a.
 PROBLEM OF CHARACTERIZATION
Case of Odgen v. Ogden [1908] may be given as an illustration of the difference in the definition of the issue.

A minor Frenchman had married an Englishwoman in England without previously obtaining the consent of
his parents as required by French law. An English court considered the French requirement a matter of
form and applied the English conflicts rule that form is governed by the law of the place of celebration
(England). The court found the French law inapplicable and upheld the validity of the marriage.

Shortly before, a French court had to decide on the validity of the same marriage. Defining the necessity of
parental consent as a question of capacity to marry, the French court applied the French conflicts rule that
such capacity is governed by the party's national (French) law, and declared the marriage null. Both England
and France had the same conflicts rules that form is determined by the law of the place of celebration and
capacity by the law of the party's domicile (or nationality-here the same),8 but a difference in the definition
of the issue led to a difference in result.