Report No. 65

VI. Other Systems

3.36. Position in some other legal systems.-

Some other legal systems apply, as regards the grounds on which divorce can be granted by their courts, the lex fori, or the lex domicilli which as a rule coincides with the law of the forum.1 This is the case in Soviet Russia, Estonia, Latavia, Austria, Greece, Denmark, Norway, and in some Latin-American states, such as Chile, Scuador and Urguay.1

1. Wolff Private International Law, (1950), p. 373.

3.37. National law applied in some countries.-

Most of the European and Latin-American laws decide, in principle, in favour of the national law of the spouses or the husband; but they modify this by ordaining the application of the lex fori where public policy-"order public"-is in issue.1 We shall consider the scope of "ordre public" later.2

1. Wolff Private International Law, (1950), p. 373.

2. Chapter 14, infra.