Understanding 2 Concepts of Public Order in Private International Law and Their Relation to Vested Rights
Legal Literacy - This article discusses the concept of public order in Private International Law and how this concept can affect the recognition of foreign law as well as a person's legal rights and obligations....
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andThe rejection in several countries regarding same-sex marriage.
The connection to human rights is the reason many countries recognize the legality of same-sex marriage, thus the state has no right to prohibit it.
Likewise, with the acceptance of society in their country. If we associate it with the concept of public order, it can be said that countries that reject same-sex marriage do so because of the rejection from the majority of society in that country.
The concept of public order contains peace and comfort in society that cannot be touched, growing and developing in the midst of society in a country that is also influenced by economic, social, cultural, and religious values.
As an example, Indonesia can reject the legal recognition of same-sex marriage. The reason underlying this is also because it is contrary to the concept of public order, even if the marriage receives legal recognition in other countries.
The concept of public order in Private International Law also has a positive impact in supporting the interests of the lex fori, but it has a negative impact if used excessively. This becomes an obstacle in international relations, slows down the lex fori, or even causes injustice.
The concept of public order in Private International Law has 2 functions, including:
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