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Oxford Reference. Publications Pages Publications Pages. Recently viewed 0 Save Search. Your current browser may not support copying via this button. Subscriber sign in You could not be signed in, please check and try again. Username Please enter your Username. Password Please enter your Password. Forgot password? While defining the necessity of parental consent to marry, the Court declared the marriage as null. Issues: The issues in the case were the nullity of marriage, bigamy, irregularity of French law, jurisdiction of the case, conflict of law.
Nonetheless, the result was different due to difference in the definition of issue. This challenge of defining and classifying the issue as well as the connecting factor is called as characterization. The marriage later contracted by the defendant was bigamous and must be annulled. Re Berchtold[7] Facts: A Hunagrian man died, leaving behind his will which dealth with his estate in England.
By that will he devised and bequeathed all his freehold estate and all other his real estate and all his personal estate in the United Kingdom to his trustees upon trust for sale and conversion.
He was domiciled in Hungary and hence by English laws of intestacy concerning movable properties, the law of domicile would be applicable i. Judgement: The court chose to administer the lex situs rule as to determining movable and immovable property and thus treating the freehold as money.
In this case, the Court decided the case with the most logical means while dealing with the said immovable property. Conclusion A universal application of the theory of lex fori would result in the application of neither the law of the forum nor of lex causae, but of the law which is of neither. As a result of this, this theory has not been accepted by any country.
This theory furthermore falsifies foreign rules and law and fails completely when there is no distinction between forum law and the foreign law.
Hence, in opposition to this theory of Bartin, the lex causae theory and other theories of characterization have ben formulated. End-Notes: Vol. Kahn, Gesetzkelten, Jehrings Jahrbucher Ogden v Ogden, S.
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