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

Yoshiaki Nomura, Renting Huang, Hisashi Onogi, Miku Koike and Dezhi Wu
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Yoshiaki Nomura: Osaka School of International Public Policy, Osaka University
Renting Huang: 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
Dezhi Wu: Graduate School of Law, Doshisha University

No 21J007, OSIPP Discussion Paper from Osaka School of International Public Policy, Osaka 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.

Pages: 17pages
Date: 2021-10
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