Page:Harvard Law Review Volume 32.djvu/515

MARRIAGE BY PROXY AND THE CONFLICT OF LAWS 479 Belgium, France, and Italy have authorized marriage by proxy again during the present war. The Belgian law of May 30, 1916, provides that during the duration of the war either or both of the parties may appear before the officer of the civil status either in person or by a special and authentic power of attorney." ^^ Ac- cording to Masson,^^ the law was passed for the benefit of Belgian soldiers residing abroad. The wording of the law gives it a general application. The French law of April 4, 1915,^® authorized soldiers and sailors with the colors to marry for grave reasons by proxy with the per- mission of the minister of justice and of the minister of war or the minister of the navy. A circular of the minister of justice of April 8, 191 5, defines more fully the object of the law and the particular steps to be followed .^^ Soldiers and sailors, employees of the Army and Navy, and per- sons in the service of the Army and Navy, were authorized in Italy to marry by proxy by a decree of June 24, 1915.^® " Masson, La Legislation de Guerre, London, 1917, 146. » Ibid., us- ^ DuvERGiER, La legislation Complete des Lois, Etc., 1915, 113. The law of August 19, 19 15, has extended the benefit of the law of April 4 to French prisoners of war in Germany. Clunet, 1916, 864. " Duvergier, supra, 1915, 119, 120. As grave reasons the following are specified: (i) the existence of illegitimate chil- dren; (2) pregnancy; (3) imminent death of either party; (4) promise to marry before mobilization and service in a place dangerous to life. The proxy must be at least twenty-one years of age and be of the male sex. He must not be a relative within the prohibited degrees of relationship, nor have been convicted of crime. The power of attorney must be executed in accordance with the law of June 8, 1893, relating to acts of persons in the army. For a criticism of the above provisions see Albert Wahl, " Mariage^ar Procuration," Revxje Trimestrielle de Droit Civil, 1915,5. ^ 67 La Legge {Supplemento Legislativo) , Col. 511; Clunet, 1917, 1172. The power of attorney must be special and imder penalty of nullity must indicate (i) the first and last name of the person giving the proxy; (2) the age and the place of birth of himself and of the person with whom he contemplates matrimony; (3) if he is a soldier, his rank and the regiment to which he belongs. The power of attorney must be executed in the presence of two witnesses, in conformity with article 2 of the decree of May 23, 1915. The marriage is valid notwithstanding a defect in the power of attorney at the expiration of six months after the husband has left the military service. 67 La Legge {Supplemento Legislativo), Col. 511; Clunet, 1917, 1172. An agreement was entered into between the French and Italian governments ac- cording to which Italian soldiers may get married by proxy in France under the con- ditions prescribed by the Italian decree of June 24, 1915, and by way of reciprocity