| 词条 | Proxy marriage |
| 释义 |
A proxy wedding or proxy marriage is a wedding in which one or both of the individuals being united are not physically present, usually being represented instead by other persons. If both partners are absent a double proxy wedding occurs. Marriage by proxy is usually resorted to either when a couple wish to marry but one or both partners cannot attend for reasons such as military service, imprisonment, or travel restrictions; or when a couple lives in a jurisdiction in which they cannot legally marry. Proxy weddings are not recognized as legally binding in most jurisdictions: both parties must be present. Under the English common law, if a proxy marriage is valid by the law of the place where the marriage was celebrated (the lex loci celebrationis) then it will be recognised in England.[1][2] HistoryBeginning in the Middle Ages, European monarchs and nobility sometimes married by proxy. Examples include the marriage of Mary, Queen of Hungary to Louis I, Duke of Orléans in 1385, the wedding at Eltham on 3 April, 1402 between Henry IV and Joan, the daughter of Charles II, King of Navarre, that of Catherine of Aragon to Prince Arthur in 1499, while a famous 17th-century painting by Peter Paul Rubens depicts the proxy marriage of Marie de' Medici in 1600. Charles I of England married Henrietta Maria of France by proxy on 1 May 1625, and a well-known example more recently involved the marriage of Napoleon I of France and the Austrian Archduchess Marie Louise in 1810. By the end of the 19th century the practice had largely died out.[3] {{As of | 2015}}, various Internet sites offer to arrange proxy and double-proxy marriages for a fee, although the service can generally be set up by any lawyer in a jurisdiction that offers proxy marriage. Video conferencing allows couples to experience the ceremony together.[4] A unique "space wedding" took place on August 10, 2003 when Ekaterina Dmitriev married Yuri Malenchenko, a cosmonaut orbiting the Earth in the International Space Station, by proxy in Texas, US.[5]LegalityUnited StatesIn the United States, proxy marriages are provided for in law or by customary practice in Texas, Colorado, Kansas, and Montana.[6][7][8] Of these, Montana is the only state that allows double-proxy marriage.[9] Proxy marriages cannot be solemnized in any other U.S. states.[10] In 1924, a federal court recognized the proxy marriage of a resident of Portugal, where proxy marriages were recognized at the time, and a resident of Pennsylvania, where common-law marriages could be contracted at the time.[11] The Portuguese woman was allowed to immigrate to the United States on account of the marriage, whereas she would have been inadmissible otherwise due to being illiterate.[11] During the early 1900s, United States proxy marriages increased significantly when many Japanese picture brides arrived at Angel Island, California. Since the early 20th century, it has been most commonly used in the United States for marriages where one partner is a member of the military on active duty.[3] In California, proxy marriage is only available to deployed military personnel. In Montana, it is available if one partner is either on active military duty or is a Montana resident.[9] GermanyGermany does not allow proxy marriages within its jurisdiction (§ 1311 BGB). It recognizes proxy marriages contracted elsewhere where this is possible, subject to the usual rules of private international law, unless the foreign law should be incompatible with German ordre public (art. 6 EGBGB): this is not the case with the marriage by proxy per se, would be if, e. g., the proxy was held responsible for choosing the spouse without further asking rather than only contracting a marriage with a given spouse. Catholic ChurchCatholic Canon Law permits marriage by proxy, but requires officiants to receive authorization from the local ordinary before proceeding.[12] References1. ^Apt v Apt [1948] P 83; [https://tribunalsdecisions.service.gov.uk/utiac/37750 CB (Validity of marriage: proxy marriage)] [2008] UKAIT 80 2. ^{{cite book|url=https://books.google.com/books?id=fWOcAQAAQBAJ&pg=PA21&lpg=PA21&dq=English+conflict+of+laws+proxy+marriages&source=bl&ots=zcbpI8JurF&sig=ODHjUjwQg10_PjZ43vwYcE1IgPk&hl=en&sa=X&ved=0ahUKEwiIsqKzwObMAhUDaz4KHVW9AWkQ6AEILDAB#v=onepage&q=English%20conflict%20of%20laws%20proxy%20marriages&f=false |title=The Conflict of Laws |author=Christopher Clarkson and Jonathan Hill|publisher=Oxford University Press |edition=4th |year=2011 |isbn=9780199574711 |page=21}} 3. ^1 {{cite news|title=Marriage by proxy used for ages|last=Cafazzo|first=Debbie|date=2006-06-01|publisher=Tacoma News Tribune}} 4. ^{{cite news|author=Christenson, Sig |title=With this Skype, I thee wed |work=San Antonio Express-News |date=2010-01-01 |url=http://www.mysanantonio.com/news/local_news/With_this_Skype_I_thee_wed.html |accessdate=2010-01-08 |deadurl=yes |archiveurl=https://web.archive.org/web/20100117052516/http://www.mysanantonio.com/news/local_news/With_this_Skype_I_thee_wed.html |archivedate=January 17, 2010 }} 5. ^{{cite web|url=http://www.htexas.com/feature.cfm?Story=162|accessdate=2007-03-27|title=From Russia With Love|publisher=H Texas magazine |archiveurl = https://web.archive.org/web/20061101183252/http://www.htexas.com/feature.cfm?Story=162 |archivedate = 2006-11-01}} 6. ^"[https://web.archive.org/web/20101003143511/http://www.marriagebyproxy.com/legality.html Proxy Marriage and US Immigration Laws - Marriage By Proxy]". marriagebyproxy.com. S&B Inc. Archived from the original on October 3, 2010. 7. ^Barry, Dan. "[https://www.nytimes.com/2008/03/10/us/10land.html Trading Vows in Montana, No Couple Required]". The New York Times. March 10, 2008. 8. ^ {{webarchive |url=https://web.archive.org/web/20100425202053/http://data.opi.state.mt.us/bills/mca/40/1/40-1-301.htm |date=April 25, 2010 }} 9. ^1 "Section 40-1-301". Montana Code Annotated 2015. Montana Legislative Services. Accessed on May 19, 2016. 10. ^{{cite web|url=http://www.stlouiscityrecorder.org/marriage/newmarriage/noproxy.html|title=No Marriage By Proxy in Missouri|website=stlouiscityrecorder.org}} 11. ^1 {{cite journal|date=November 1924|title=Alien's Marriage by Proxy Held to Give Alien Woman Status of "Wife"|journal=Virginia Law Register|pages=516–520|volume=10|issue=7|jstor= 1107813}} 12. ^{{Citation |year=1983 |title=Code of Canon Law: Latin-English Edition |publisher=Canon Law Society of America |place=Washington DC 20064 |url=http://www.vatican.va/archive/ENG1104/__P3Z.HTM |accessdate= 2012-11-14 |chapter=c. 1105}} External links
1 : Types of marriage |
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