Bliersbach v MacEwen [1958] ScotCS CSIH_3 (27 November 1958)
The necessity for parental consent to the marriage of a minor is a formal requirement, not a fundamental incapacity, and is governed by the law of the place where the marriage is celebrated (Scotland), not the law of the domicile. Therefore, the absence of parental consent under Dutch law does not disqualify the parties from marrying in Scotland.
- Citation
- [1958] ScotCS CSIH_3
- Parties
- Pursuer: Bliersbach; Defender: MacEwen
- Jurisdiction
- Scotland
- Judgment Date
- 27 November 1958
- Procedural Posture
- Civil Appeal / Appeal From Sheriff Court to Court of Session (inner House)
- Outcome
- appeal refused
- Legal Topics
- Marriage of Minors, Parental Consent, Conflict of Laws, Capacity to Marry
Case Brief
Summary, issues, holding and outcome
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Parties
Bliersbach
Pursuer
MacEwen
Defender
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session (inner House)
Legal Issues
- 1 Whether a party aged between sixteen and twenty-one, domiciled abroad, can marry in Scotland without parental consent when such consent is required by the law of domicile but not by Scots law.
Ratio Decidendi
The necessity for parental consent to the marriage of a minor is a formal requirement, not a fundamental incapacity, and is governed by the law of the place where the marriage is celebrated (Scotland), not the law of the domicile. Therefore, the absence of parental consent under Dutch law does not disqualify the parties from marrying in Scotland.
Court Disposition
appeal refused
Orders
- Sheriff's decision affirmed; parties not disqualified from marrying in Scotland; objection to marriage certificate dismissed
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