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Distributive Application of lex patriae Regarding Conclusion of Marriage: Criteria for Unilateral and Bilateral Obstacles

Author

Listed:
  • Yoshiaki Nomura

    (Osaka School of International Public Policy, Osaka University)

  • HUANG Renting

    (Faculty of Law, Tezukayama University)

  • Hisashi Onogi

    (Faculty of Law, Osaka University of Economics and Law)

  • Miku Koike

    (School of Law and Politics, Kwansei Gakuin University)

  • WU Dezhi

    (Graduate School of Law, Doshisha University)

Abstract

In this paper, the authors argue that in the distributive application of lex patriae regarding the conclusion of a marriage, whether an obstacle is unilateral or bilateral shall be determined in accordance with the applicable substantive law. Our survey shows that contrary to what is widely believed in Japan, this is the prevailing opinion among Japanese scholars as well as German and French scholars. Therefore, the same position shall be adopted in the interpretation of Article 24(1) of the Act on General Rules for Application of Law.

Suggested Citation

  • Yoshiaki Nomura & HUANG Renting & Hisashi Onogi & Miku Koike & WU Dezhi, 2021. "Distributive Application of lex patriae Regarding Conclusion of Marriage: Criteria for Unilateral and Bilateral Obstacles," OSIPP Discussion Paper 21J007, Osaka School of International Public Policy, Osaka University.
    • Handle: RePEc:osp:wpaper:21j007
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