Page:Harvard Law Review Volume 32.djvu/520

484 484 HARVARD LAW REVIEW fonn in respect of the mode of celebration to the German law of marriage.^^ From the standpoint of the conflict of laws of the United States the law of the place of celebration will decide, therefore, whether a marriage by proxy is vaUd. If the lex loci celebrationis allows this mode of celebration it will determine not only all the special ques- tions relating to the power of attorney but also the formalities applicable to marriage in general. This law would decide, for example, whether the power of attorney must be in writing, whether the government consent to such marriage is necessary, and the effect of a failure to obtain such consent. It will control the ques- tion whether a mere consent to take each other from the present moment as husband and wife is sufficient to constitute the parties husband and wife, or whether they must be joined in marriage by some official before witnesses and after the publication of banns, etc. Marriage by proxy is possible under certain conditions in Austria, Belgium, France, and Italy, but it is evident that the legislation relating to marriage by proxy operates only as a waiver of the re- quirement of personal presence. In all other respects the local provisions relating to the celebration of marriage must be observed. These provisions are far more stringent than those prescribed by the statutes governing the marriage ceremony in this country. The ceremony itself can be performed only by an officer of the civil status, and one of the parties must be domiciled in the place where the marriage is to be celebrated or have lived there for a specified period of time.^ The parties must also submit various certificates relating to birth, parental consent, publication of banns, etc., be- fore the marriage can be performed.^* For an American it is very difficult, if not impossible, to satisfy these requirements. We have no re^sters of the civil status in this country; hence no official birth certificates as required by the foreign law can be obtained. Where no birth certificates can be presented the foreign law, it is true, provides a method for proving the time of birth, but such ^ Article 13, Introductory Law, Civil Code; 5 Planck, BixRGERLiCHES Gesetz- BUCH, 3 ed., so. ^ Belgixun, Civil Code, Art. 74; France, Art. 4 of Law of June 21, 1907, repealing Art. 74, Civil Code, Duvergxer, 1907, 287; Italy, Art. 93, Civil Code. " Belgium, Civil Code, Arts. 63 et seq., and Law of December 26, 1891. France, Civil Code, Arts. 63 et seq., and Law of Jione 21, 1907; Duvergier, 1907, 287; Italy, Civil Code, Art. 79.