The duty of appointing a guardian in the cases now mentioned lies, if no other Court is competent, with the Court within the jurisdiction of which the minor is domiciled. § 4. If, after a guardian for a foreign minor has been appointed here, it shall come to the knowledge of the Court that guardianship for him has been instituted in accordance with the law of the State to which he belongs, the guardian appointed by the Court shall be discharged. § 5. When, in such a case as is contemplated in § 3, it shall be found that the minor or his property are without supervision, the Court shall appoint a trustee to take care of the minor and of his property until a proper guardian shall assume the charge. As to such trustee, the provisions regarding the duty and responsibility of a guardian, as well as the control of a guardian's administration, shall apply. § 6. The law of the State to which a minor belongs, although a guardian is appointed according to another law, shall govern the question as to whether such guardian shall no longer be wanted. CHAPTER V.-Special Provisions. § 1. When, according to what is hereby enacted, the law of a foreign State shall apply, and special laws be valid for different parts of the foreign State, the question which of the special laws shall apply shall be determined according to what may in such respect be provided for in the foreign State itself. In the absence of any such provisions the law of the domicile shall apply but, as regards any person who is not domiciled within the State to which he belongs, the law of the place where he was last domiciled within that State shall apply, or, if he has not been domiciled there, the law of the capital of the State. § 2. Any question regarding divorce or permanent separation of parties who are subjects of different States shall be determined as though both parties were subjects of the State to which they have last jointly belonged, or, if they have not belonged to one and the same State, of the State to which the husband belongs. § 3. When, according to what has here already been stated, the competency of an authority is dependent upon the fact that a party is domiciled within the State to which the authority belongs, the question whether or not the party is domiciled there shall be determined according to the law of the said State; a wife, however, is not to be deemed to have any other domicile than that of the husband unless, according to the law of the State to which the parties belong, the wife may have a special domicile. § 4. When, in a case for divorce or separation, the party suing fails to establish the substance of any foreign law which, according to what has already been said, shall apply, the suit shall be dismissed unless the substance of the law is in some other way known to the Court. If the King ordains how information as to the substance of the foreign law may be sought for by the Court, the Court shall, unless the substance of the law is already known to it, be obliged to seek information accordingly. By this law is repealed the provisions of the Law of the 14th October, 1898 (as to the proving of liberty to enter into matrimony) to the effect that the King shall ordain in what cases the provisions of the said Law shall apply as regards the subjects of foreign States. All whomsoever this may concern shall duly carry out the same. To further enforce this we have signed it with our own hand, and have had it confirmed with our Royal seal. Castle of Stockholm, July 8, 1904. OSSIAN BERGER, Department of Justice. (L.S.) OSCAR. SWEDISH ROYAL ORDINANCE as to the manner in which a Foreign Subject, who desires to be Married before Swedish Authorities, can state that there exists no impediment thereto. Stockholm, July 8, 1904. (Translation.) WE, Oscar, by the grace of God, of Sweden and Norway, of the Goths and the Vandals, King, do hereby make known that we, according to Chapter I, § 3, of the Law of this day† concerning certain international obligations connected with marriage and guardianship, have found good to ordain as follows: § 1. A foreign subject, who desires to be married by Swedish authorities, must be provided with a legal certificate, issued by the State to which he belongs, declaring that there is no impediment, according to the law of his country, against the marriage in question. If there should be between the two parties desiring to intermarry any known relationship by marriage or by blood the fact must be specially noted in the certificate and the nature of the relationship defined. The certificate must also state whether the law of the foreign * "Innehallet" is literally the contents. (Translator's note.) + Page 776. country stipulates that banns have to be published when the subjects of the same wish to marry abroad, and if the publication of such banus is required the certificate must state that they have been published, A certificate, as above mentioned, if not issued by Norwegian authorities or by Diplomatic or Consular officers accredited to this country, must be accompanied by a declaration of such an officer that it has been issued by the proper legal authority. § 2. If a foreign subject is entitled, according to Chapter I, § 2, of the Law concerning certain obligations regarding marriages and guardianship, to contract a marriage in accordance with any other law than that of the country to which he belongs, he shall be treated, with regard to the declaration that no impediment against the marriage exists, as a subject of the country with the law of which he desires to conform. §3. If any Agreement has been made with a foreign Power in order to entitle the subjects (of that Power) to contract marriages in a manner different to that laid down in these Regulations, such an Agreement shall be respected. All, whomsoever this may concern shall duly carry out the same. To further enforce this we have signed it with our hand, and have had it confirmed with our Royal seal. OSSIAN BERGER, Department of Justice. (L.S.) OSCAR. SWEDISH ROYAL ORDINANCE as to the manner in which certain Foreign Laws can be applied in Cases of the Annulling of Marriages.—Stockholm, July 8, 1904. (Translation.) WE, Oscar, by the grace of God, of Sweden and Norway, of the Goths and the Vandals, King, do hereby make known that we, according to Chapter II, § 1, of the Law of this day,* concerning certain international obligations connected with marriage and guardianship, have found good to ordain, that the provisions of the paragraph mentioned, viz., that the foreign law concerning the annulling of marriages may be applicable though no cause for such annulling exists according to Swedish law, shall hold good as far as the laws of the following countries are concerned: Belgium, Denmark, France, Italy, Luxemburg, the Netherlands, Norway, Portugal, Roumania, Russia, Switzerland, Spain, Great Britain and * See page 776. Ireland, Germany, and Austria-Hungary, provided, however, that what is here laid down is understood to apply only to territories in Europe. All, whomsoever this may concern shall duly carry out the same. To further enforce this we have signed it with our hand, and had it confirmed with our Royal seal. OSSIAN BERGER, Department of Justice. (L.S.) OSCAR. SWEDISH ROYAL ORDINANCE as to the manner in which Swedish Subjects desiring to Marry before Foreign Authorities can obtain Marriage Certificates. - Stockholm, July 8, 1904. (Translation.) WE, Oscar, by the grace of God, of Sweden and Norway, of the Goths and Vandals, King, do hereby make known that, according to Chapter I, § 3, of the Law of this day* concerning certain international obligations connected with marriage and guardianship, we have found good to ordain as follows: § 1. If a Swedish subject, in order to contract a marriage before foreign authorities should desire a certificate from the Swedish authorities stating that he is entitled to marry (marriage certificate), such a certificate shall be given him according to the form hereby adjoined. § 2. A Swedish subject residing within the kingdom can apply for a marriage certificate to the clergyman or vestry clerk of the parish where his name is registered. If there is no impediment to the marriage the clergyman or vestry clerk shall, at the expense of the parties wishing to contract marriage, announce in the public and, where possible, in the local papers, the full names of the man and the woman, their age, birthplace, profession, and domicile, and declare that any person desirous of opposing the marriage shall, not later than fifteen days after the announcement, state his objections to the issuer of the announcement. The raising of objections shall be made in accordance with Chapter VII, § 13, of the Marriage Law. If no objections are raised or those raised are considered of no importance the certificate shall be issued. §3. A Swedish subject living abroad is authorized to apply for a * See page 776. marriage certificate from the Diplomatic or Consular officer empowered by the King to issue such certificates. If there is no impediment to contract the marriage a notice shall be posted at the Legation or Consulate giving the full names of both parties, their age, birth-place, occupation and domicile, and declaring that any person desirous of opposing the marriage shall, before a certain date, state and substantiate to the issuer of the notice his reasons for objecting. The notice shall also, where possible, be inserted at the expense of the applicants in a local newspaper, and, in the case where the applicant is, or has been, within a year of the application for the performance of the marriage, domiciled in another locality, in a newspaper of that locality. If no objections are raised, or if those raised are held to be of no importance by the issuer of the notice, the certificate shall be drawn up. § 4. If banns are published in legal form in this kingdom the certificate can be issued without the announcement mentioned in $$ 2 and 3. All, whomsoever this may concern shall duly carry out the same. To further enforce this we have signed it with our hand, and have had it confirmed with our Royal seal. OSSIAN BERGER, Department of Justice. Form for the Marriage Certificate. The Swedish subject (a)............................. born at.............. at present living......... ...at present living............. ascertain, entitled to contract this marriage. by marriage to......... is to............... that............. (L.S.) OSCAR. .subject (a). .is, as far as has been possible to .........................................is apparently not in the relationship by blood or .or.. ..in the relationship by blood or by marriage, According to the Swedish law the publishing of banns in Sweden is not necessary when a Swedish subject wishes to marry abroad. When a Swedish subject marries a foreign woman, the woman acquires by the marriage the rights and privileges of a Swedish subject. such a union are Swedish subjects. Which is acknowledged. ..the....... (a) Full name and occupation. Children born of (Officer's title.) |