The Validity Of Marriage | #WAYS
Channel: Plus TV Africa
Date: 2021-03-04

In English private international law, the question "What laws
determine the essential validity of marriage ~ " has not yet received a
decisive answer. Essential validity involves three elements; firstly,
an agreement, which may be affected by the mistake, duress, undue influence, or fraud; secondly, capacity to marry in the narrow sense (herein called capacity), i.e., legal ability to marry at all; and thirdly, freedom from
legal prohibitions of the particular intermarriage (herein called prohibitions). No English authorities even purport to deal with the first element.
No English cases actually raise questions of capacity, but many purports
to deal with it, and there is a considerable number of prohibitions.
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