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Disentangling Legal Knots: Intersection of Foreign Law and English Law in Overseas Marriages
Written by Muhammad Zubair Abbasi, Lecturer at School of Law, Oxford Brookes University (mabbasi@brookes.ac.uk)
Introduction:
In a recent judgment Tousi v Gaydukova [2024] EWCA Civ 203, the Court of Appeal dealt with the issue of the relevance of foreign law to the remedy available under English law in respect of an overseas ceremony of marriage. Earlier the High Court had held that the foreign law determines not only the validity or invalidity of the ceremony of marriage but also the ramifications of the validity or invalidity of the ceremony. The Court of Appeal disagreed and reiterated the rule that lex loci celebrationis is limited to the determination of the validity or invalidity of the ceremony of marriage. Therefore, English law will apply to provide a remedy or relief upon the breakdown of the relationship of the parties to a marriage ceremony that took place abroad.
Egyptian Supreme Court on the Enforcement of Foreign Judgments – Special Focus on the Service Requirement
I . Introduction
Egypt and its legal system occupy a unique position within the MENA region. Egyptian law and scholarship exert a significant influence on many countries in the region. Scholars, lawyers, and judges from Egypt are actively involved in teaching and practicing law in many countries in the region, particularly in the Gulf States. Consequently, it is no exaggeration to say that developments in Egyptian law are likely to have a profound impact on neighboring countries and beyond, and warrant special attention. Read more
International Jurisdiction between Nationality and Domicile in Tunisian Private International Law – Has the Perennial Debate Finally been Resolved?
I would like to thank Prof. Lotfi Chedly for providing me with the text of the decision on which this post is based.
I. Introduction
Scholars of private international law are well familiar with the classic debate on nationality and domicile as connecting factors in the choice of applicable law (see, for example, L. I. de Winter, “Nationality or Domicile? The Present State of Affairs” 128 Collected Courses III (1969) pp. 357 ff). In Tunisian private international law, this controversy has been particularly pronounced with regard to the role of nationality as a ground for the international jurisdiction of Tunisian courts. Since the enactment of the Tunisian Private International Law Code (“PILC”) in 1998 (for an English translation, see J. Basedow et al. (eds.) Encyclopedia of Private International Law – Vol. IV (Elgar Editions, 2017) 3895 and my own translation of the provisions dealing with international jurisdiction and the enforcement of foreign judgments in 8 Journal of Private International Law 2 (2012) pp. 221 ff)), the debate between opponents and proponents of nationality as a ground for international jurisdiction, especially in family law matters, has never ceased to be intense (for detailed analyses, see eg. Salma Triki, “La compétence internationale tunisienne et le critère de nationalité” in Ben Achour/Triki (eds.), Le Code de droit international privé – Vingt ans d’application (1998-2018) (Latrach edition, 2020) 119ff). This divergence in academic opinion is also reflected in the judicial practice of the courts, with the emergence of two opposing trends: one extends the international jurisdiction of the Tunisian courts when the dispute involves a Tunisian party, in particular as a defendant even when domiciled abroad. The other firmly rejects nationality as a ground for international jurisdiction.
News
AMEDIP’s annual seminar: Program and registration (in Spanish)
The program of the XLVIII Seminar of the Mexican Academy of Private International and Comparative Law (AMEDIP) has been published, click here.
To register, click here. Registration is free of charge (except if a certificate of attendance is requested). Only in-person participation is possible this year (with the exception of speakers, who may present online). Read more
20th Regional Private International Law Conference (6-8 November 2025, Istanbul)
20th Regional Private International Law Conference will be held in Istanbul on 6-8 November 2025 in collaboration with Erdem&Erdem Law Office and Istanbul Arbitration Center (ISTAC). This year’s conference topics are focusing on choice of court/arbitration agreements and the enforcement of decisions rendered by chosen courts or arbitral tribunals. The conference programme can be viewed in here.
Participation is available via Zoom, through the link provided: https://us06web.zoom.us/j/84302415223?pwd=JdVlMzX7dzabawYUF6TnjKnjp8xKhf.1 (Meeting ID: 843 0241 5223 Password: 786753)
For further questions you may contact the organizers Prof. Dr. Zeynep Derya Tarman (Koç University Faculty of Law, Dean) and Prof. Dr. Ceyda Süral Efeçinar (Piri Reis University Faculty of Law, Dean) at meoba@ku.edu.tr (Dr. M. Ece Oba, Research Assistant at Koç University Faculty of Law).
HCCH Vacancy: Legal Officer
The Permanent Bureau of the HCCH welcomes applications for the position of Legal Officer, based at its headquarters in The Hague, Netherlands.
The successful candidate will work in the field of international commercial, digital and financial law, under the responsibility of the Deputy Secretary General. In addition to work in relation to the operation of the 1985 Trusts Convention, the 2006 Securities Convention, and the 2015 Choice of Law Principles, duties will include general assistance in relation to the projects on Central Bank Digital Currencies (CBDCs), Carbon Markets, Digital Tokens, and the Digital Economy. Depending on the work programme established by CGAP, the successful candidate may be called upon to carry out work in other areas, and will respond to requests for information, assist with comparative law research, the preparation of research papers and other documentation, the organisation and preparation of materials for publication, the preparation of, and participation in, conferences, seminars and training programmes.
The successful candidate will also support the work of the office of the Deputy Secretary General, and may be called to take on such other work as may be required by the Secretary General from time to time.
Applications should be submitted by 1 November 2025 (5.00 p.m. CET). For more information, please visit the Recruitment section of the HCCH website.
This post is published by the Permanent Bureau of the Hague Conference of Private International Law (HCCH).
