Marriage And Divorce Electronic Resource the Effect of Each On Personal Stat

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Marriage And Divorce Electronic Resource the Effect of Each On Personal Stat
Henry Clay Whitney
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" But " a distinction has been established which removes from the category of disputed cases all such as involve questions merely as to the formal requisites as distinguished from the essentials of marriage. It is generally conceded that the former are to be determined by the lex loci contractus. What is to be referred to form and what to essentials may be thus discriminated : When the parties are not prohibited absolutely from marrying, but from marrying without certain preliminaries, as the c...onsent of parents, such prohibitions are to be referred to the form. " Now if there ever was a case in this world which unmistaka- bly fell within this category, and in which therefore the law to be applied was the lex loci contractus (which happens to be the law of Illinois), it is the present case. If the consent of parents is a preliminary which is to be referred to the " form, " surely the consent of the King of Wurtemberg is so too.
' Further, the learned judge remarks (p. 11) "that of three theories stated, he must reject "that of the 'personal statute ' as opposed to our national traditions and policy.


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