THE FORMAL VALIDITY OF PROXY MARRIAGES CONCLUDED ABROAD IN PRIVATE INTERNATIONAL LAW: INSIGHTS FROM BOSNIA AND HERZEGOVINA

Authors : Jasmina Alihodžić, Anita Duraković

Pages : 39-58

Doi:10.54704/akdhfd.1818112

View : 58 | Download : 306

Publication Date : 2026-01-23

Article Type : Research Paper

Abstract :The increasing cross-border movement of individuals, driven by diverse social, economic, and political factors, continues to generate complex challenges for the application of private international law in receiving states. One particularly significant issue concerns the determination of the formal validity and subsequent recognition of marriages concluded abroad, especially in non-traditional forms such as marriages by proxy. The recognition of such marriages within the destination country bears directly on the enjoyment of fundamental human rights, notably the right to marry, the right to family life, and the right to freedom of movement. Questions surrounding the formal validity of a proxy marriage concluded abroad typically arise during the process of its registration in the destination state, which essentially involves assessing the evidentiary value of a foreign marriage certificate—or more broadly, a foreign public document—or in the context of residence permit applications based on family reunification. Under the Private International Law Act of Bosnia and Herzegovina, the form of marriage is governed by the law of the state where the marriage is celebrated. This widely recognized conflict-of-law principle requires the acknowledgment of marriages validly concluded abroad, even when the form employed is unfamiliar or unrecognized under domestic law. Building on a recent case addressed by the competent authorities in Bosnia and Herzegovina, this article explores the legal characterization and formal validity of proxy marriages, analyzing the possibility of their recognition through a comparative perspective. In Bosnia and Herzegovina, such recognition is realized through the marriage registration procedure. The analysis concludes that refusal of recognition or registration is permissible solely when the foreign law enabling the marriage is manifestly incompatible with the fundamental principles of domestic public policy.
Keywords : evliliğin şekli geçerliliği, vekâleten evlilik, yabancı evlilik belgesinin tanınması, evliliğin tescili, temel insan hakları

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