PUBLIC ORDER

Private International Law is a complex web of laws that can sometimes generate differences between countries.  Polygamous marriage is a perfect example as some countries permit it while others prohibit it completely.  Spain for example considers it contrary to public order. In article 9.1 of the Civil Code states that topics such as this depend on national law in that nationals from countries that permit this type of union should be allowed to do it according to their own legal system. However, this does not apply to foreign law since polygamy is contrary to Spanish law. Therefore, such unions are not allowed in our country.

When dealing with public order we can distinguish between two outcomes or effects.  First of all, in Spain we will not allow a situation contrary to our public order to generate direct effects in our country. Attenuated or indirect effects are the individual´s previously acquired rights.  In the example above, if the legal system in the individual´s country of origin permits him to marry two women, then those two women are subject to an exisiting legal situation as they are spouses.  The doctrine of acquired rights states that those previously acquired rights should be accepted.

Overall, direct rights such as allowing these individuals to marry or register their marriage in Spain will not be permitted.  However, due to their previously acquired rights as spouses, they will granted indirect rights in our country.



Translated by: Katherine Pascal