Abstract
This article critically examines the doctrine of Lex Loci Celebrationis, which holds that the formal validity of a marriage is determined by the law of the place where it is celebrated. While the doctrine has traditionally occupied a central position in private international law, its primacy is increasingly subject to limitations arising from evolving public policy concerns, constitutional values, human rights developments, and jurisdiction-specific legal pluralism. In particular, the paper explores how plural legal systems such as that of Nigeria, which incorporates statutory, customary, and Islamic legal traditions complicate the recognition and enforcement of foreign marriages, especially those that may conflict with domestic moral or public order standards. Adopting a doctrinal legal research methodology, the paper undertakes a rigorous analysis of case law, statutes, and scholarly commentary from both common law and civil law jurisdictions to interrogate the continuing relevance and limitations of the doctrine. It further engages in a comparative assessment of how different jurisdictions, including Nigeria, the United Kingdom, France, the United States, and South Africa, apply or qualify Lex Loci Celebrationis in determining marriage validity. The article finds that while Lex Loci Celebrationis retains formal utility and predictability, its absolute application is increasingly being recalibrated to accommodate normative and jurisdictional sensitivities. The paper argues for a more nuanced framework one that balances the procedural integrity offered by the place-of-celebration rule with the substantive justice concerns that arise in diverse sociocultural contexts. Ultimately, the study contributes to the broader discourse on cross-border marriage recognition and the harmonization of conflict of laws principles in an era of legal pluralism and human rights consciousness.
Keywords
Lex Loci Celebrationis, Marriage Contracts, Conflict of Laws, Legal Pluralism, Cross-Border Marriage Recognition
Citations
IRE Journals:
Dr. Ibrahim Aliyu Shehu , Abubakar Sadiq Usman
"The Primacy of Lex Loci Celebration is in Marriage Contracts: A Critical Analysis" Iconic Research And Engineering Journals Volume 9 Issue 2 2025 Page 86-93
IEEE:
Dr. Ibrahim Aliyu Shehu , Abubakar Sadiq Usman
"The Primacy of Lex Loci Celebration is in Marriage Contracts: A Critical Analysis" Iconic Research And Engineering Journals, 9(2)
About IRE Journals
IRE Journals is an open access online journals established with an aim to publish high quality of research work in various diciplines. We have more than 6 years in publications. Over 2500+ papers already published.
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