The Formal Validity of Proxy Marriages Concluded Abroad in Private International Law: Insights from Bosnia and Herzegovina

Development summary

The article addresses the formal validity of proxy marriages concluded abroad and their recognition through marriage registration in Bosnia and Herzegovina. It states that, under the Bosnian and Herzegovinian Private International Law Act, the form of marriage is governed by the law of the state where the marriage is celebrated, so marriages validly concluded under foreign law should in principle be recognised even if the form is unfamiliar in domestic law. The authors conclude that refusal of recognition or registration is permissible only where the foreign rule permitting the marriage is manifestly incompatible with the fundamental principles of domestic public policy.