Does Italy recognize consular marriage?

Four effects of consular marriage registration: time effect, space effect, object effect and event effect.

(1) Limitation, that is, the starting time of the legal effect of consular marriage registration. As far as marriage is concerned, the relationship between husband and wife is established when the parties obtain a marriage certificate; As far as divorce is concerned, the parties can choose one of two ways: divorce by agreement or divorce by litigation. If a party obtains a divorce certificate or has no objection to the court's divorce judgment, the relationship between husband and wife will be dissolved.

(two) the spatial effect, that is, the geographical scope of the legal effect of consular marriage registration, is "valid in the sending country, the receiving country and the third country" or "valid only in the sending country". The spatial effect of marriage registration in Chinese embassies and consulates abroad is mainly based on the Vienna Convention on Consular Relations, bilateral consular treaties (agreements) between China and foreign countries and the relevant provisions in China's Marriage Registration Regulations.

If Chinese embassies and consulates abroad register marriage or divorce for China citizens under the condition that the laws of the receiving country recognize the effectiveness of consular civil law, the marriage registration is valid in China, the receiving country and third countries.

On the other hand, if Chinese embassies and consulates abroad register marriage or divorce for China citizens when the laws of the receiving country do not recognize the validity of the consular civil code, the marriage registration is valid in China, invalid in the receiving country, and the validity in a third country is stipulated by the laws of that country. This will affect the spatial effect of the consular marriage relationship of the parties concerned, which is not conducive to protecting their personal and property relations arising from the marriage relationship in the receiving country or the third country.

(three) the object effect, that is, the object of the legal effect of consular marriage registration, including "citizens of the sending country" and "citizens of the third country". The objective effect of marriage registration in Chinese embassies and consulates abroad is mainly based on the relevant provisions in the bilateral consular treaties (agreements) between China and foreign countries and China's Marriage Registration Regulations.

Most of the bilateral consular treaties (agreements) signed between China and foreign countries stipulate that "the consul has the right to register the marriage between the citizens of the sending country", but there are some exceptions. For example, as stipulated in the Consular Treaty between People's Republic of China (PRC) and the Italian People's Republic, the consul has the right to "handle the marriage formalities of the people of the sending country and, if permitted by the laws of the sending country, handle the marriage formalities of the nationals of the sending country and the people of a third country who are not permanent residents of the receiving country, and issue marriage certificates". Accordingly, in theory, the objects of consular marriage registration can be "citizens of the sending country" and "citizens of the third country".

(four) the effect of marriage (divorce), that is, consular marriage registration has two legal effects of marriage and divorce. The validity of marriage registration of Chinese embassies and consulates abroad is mainly based on the Vienna Convention on Consular Relations, bilateral consular treaties (agreements) between China and foreign countries and the relevant provisions of China's Marriage Registration Regulations.

According to article 1065 of the Marriage Registration Ordinance, Chinese embassies and consulates abroad can register marriage and divorce for the parties concerned. However, among the 48 bilateral consular treaties (agreements) signed between China and foreign countries, except for five that have no provisions on marriage registration, 28 stipulate that consuls have the right to register marriages, nine stipulate that consuls have the right to register marriages and divorces, and six stipulate that consuls have the right to register (civil) marriages.

One of the important reasons is that the legal recognition of the validity of consular marriage registration varies from country to country, as follows:

1, recognizing the validity of the consular marriage and divorce registration;

2, do not recognize the effectiveness of consular marriage and divorce registration;

3. Acknowledge the validity of consular marriage registration and deny the validity of consular divorce registration;

4. Conditionally recognize the validity of consular marriage registration.