Prawdziclazarska [1953] ScotCS CSOH_5 (07 November 1953)

Prawdziclazarska [1953] ScotCS CSOH_5 (07 November 1953)

The Scottish courts have jurisdiction to annul a marriage celebrated in Scotland, regardless of the domicile or residence of the parties, and the marriage is void ab initio as bigamous under Scots law. The defender's averments of Polish law are insufficient to displace the application of Scots law, as no proper averment of foreign law was made and the alleged Polish rule is either procedural or incompatible with fundamental principles of Scots law.

Citation
[1953] ScotCS CSOH_5
Parties
Pursuer: Prawdzic-Lazarska; Defender: Prawdzic-Lazarski
Jurisdiction
Scotland
Judgment Date
07 November 1953
Procedural Posture
Action for Declarator of Nullity of Marriage and Custody / Interlocutory Judgment on Jurisdiction and Relevancy
Outcome
Defender's first and fifth pleas repelled; proof allowed on pursuer's averments; questions on custody reserved; leave to reclaim granted.
Legal Topics
Nullity of Marriage, Jurisdiction, Choice of Law, Bigamy, Domicile, Ordinary Residence
Private International Law Family Law Nullity of Marriage Jurisdiction Choice of Law Bigamy Domicile Ordinary Residence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Prawdzic-Lazarska

Pursuer

Prawdzic-Lazarski

Defender

Procedural Posture

Action for Declarator of Nullity of Marriage and Custody / Interlocutory Judgment on Jurisdiction and Relevancy

Legal Issues

  1. 1 Whether Scottish courts have jurisdiction to annul a marriage celebrated in Scotland where parties may not be domiciled in Scotland
  2. 2 Whether Polish law or Scots law applies to the validity and annulment of the marriage
  3. 3 Whether a bigamous marriage celebrated in Scotland is void ab initio under Scots law

Ratio Decidendi

The Scottish courts have jurisdiction to annul a marriage celebrated in Scotland, regardless of the domicile or residence of the parties, and the marriage is void ab initio as bigamous under Scots law. The defender's averments of Polish law are insufficient to displace the application of Scots law, as no proper averment of foreign law was made and the alleged Polish rule is either procedural or incompatible with fundamental principles of Scots law.

Court Disposition

Defender's first and fifth pleas repelled; proof allowed on pursuer's averments; questions on custody reserved; leave to reclaim granted.

Orders

  • Repel first and fifth pleas for defender
  • Allow proof of pursuer's averments in support of her first and second pleas