Home > Family > Belgium > 2003-06-17 - Court of appeal of Brussels, 2000/AR/819

2003-06-17 - Court of appeal of Brussels, 2000/AR/819

Family · Belgium · Marriage · Ordre public

The consent to marriage given by act of proxy by the wife’s spouse is contrary to Belgian ordre public

Key facts of the case - the applicants are Moroccan nationals who married in Morocco in 1991. The wife consent to marriage was given by her father under an act of proxy signed in the consulate of Morocco in Brussels. The wife had applied for the annulment of this marriage and argues that this act of proxy is not valid. The husband applies for getting the benefit of putative marriage.

Main reasoning of the court - The exception from Belgian international ordre public can prevent the effects of foreign law. Is contrary to such ordre public the marriage for which the wife consent was given for her by her father.
The court holds that this blind delegation of the right to dispose of his person is contrary to fundamental principles of individual liberty, respect for the person, his privacy and his right to found a family (art. 8 and 12 of the Convention European of human Rights and Fundamental freedoms).
The delegation vitiates consent which it is supposed to allow expression by proxy and therefore the subsequent marriage.