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Unit 5: Private International Law Related to Matrimonial Matters and Child Protection
5.1 Classifying Marriage: Formal Aspects of Marriage and Capacity to Marry
- The form-vs-the-substance (the classification’s-first-cut): the form (the celebration’s (the ceremony’s-validity (the registration’s)) → the lex-loci-celebrationis (the place’s-law (the where-celebrated-governs (the validity’s-presumption (the general’s-rule)))); the capacity (the person’s-eligibility (the age-the-monogamy-the-prohibited-degrees)) → the personal-law (the nationality’s/domicile’s (the each-party’s-own (the dual-test (the both-must-be-capable)))).
- The Nepal’s-faces: the Code’s-2074-frames (the marriage’s-registration (the foreign-marriage’s-recognition-faces (the embassy-and-the-local (the 20-age’s (the consent’s)))); the mixed-marriage’s (the foreign-national’s-marriage-in-Nepal (the no-objection’s-and-the-proof’s (the unmarried-certificates’ lore))).
5.2 Nullity of Marriage and Legal Approach to Polygamous Marriages and Foreign Same-Sex Marriages and their Recognition
- The nullity (the void-and-the-voidable): the grounds’ classification (the capacity’s-absence (the consent’s-vitiating (the duress’s-and-the-fraud’s)) → the annulment’s (the personal-law’s-grounds’ (the forum’s-procedure)); the nullity’s-recognition (the status-decree’s (the U8’s-foreign-judgment’s-family-faces)).
- The polygamous-marriages (the monogamous-forum’s-question): the recognition’s-spectrum (the status’s (the valid-where-celebrated’s-respect (the personal-consequences (the maintenance-and-the-succession)))); the celebration’s-bar (the forum’s-own-bigamy (the Nepal’s-2074-monogamy (the foreign-second’s-non-recognition (the public-policy’s)))); the incidental-recognition (the immigration’s-and-the-benefit’s (the wife’s-and-the-children’s-protection (the welfare’s-approach))).
- The foreign-same-sex-marriages (the Nepal’s-frontier): the global’s-map (the recognition’s-spread (the EU’s-and-the-Americas’ vs the non-recognition’s)); the Nepal’s-position (the Sunilbabu-line’s-rights (the U-LAW5702-U3.8’s-depth (the third-gender’s-and-the-identity’s)); the marriage’s-non-recognition (the Code’s-opposite-sex-frame (the honest-note: the recognition’s-evolving (the litigation’s-continuing (the public-policy’s-and-the-constitutional’s-tension (the exam’s-debate))))).
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