486 HARVARD LAW REVIEW marry in Italy only if his capacity has been established in an Italian court.^^ An American, whether he be a soldier or a civilian, who can meet the above requirements will generally be able to be married in per- son, so that the foreign legislation on the subject of marriage by proxy is not likely to have great practical importance so far as the United States are concerned. It is possible, of course, that an American soldier, while he was a prisoner in Germany or Austria, may have desired to marry by proxy a young lady to whom he had become engaged in Belgium, France, or Italy. Such a marriage could not take place in Germany because the German law does not recognize marriage by proxy. If the American were a prisoner in Austria the marriage could be celebrated there only with the permission of the government, and it is most improbable that such a consent could be obtained. Could the marriage be performed at the place of the residence of the fiancee in Belgium, France, or Italy? As the Belgian law of May 30, 1916, appears to have a general application it would seem as if such a marriage could be celebrated in Belgium. In regard to France and Italy there is doubt. The. legislation of these countries applies to persons connected with the Army or Navy, and the question is whether it refers exclusively to the national Army and Navy. In the opinion of Professor Wahl ^^ the French legislation applies also to the Army and Navy of the Allies. If this view is correct the " Article 75, Civil Code; 5 Bianchi, supra, 833; i Lomonaco, Diritto CrvriE Italuno, 319. Such a proceeding may be instituted upon a declaration from an American consul that the American authorities do not execute such certificates of capacity. Buzzati, Le Droit International Priv£ d'apres les Conventions de la Haye I, Le Mariage, 279. A certificate of capacity according to the national law was formerly required in France by a circular of the Minister of Justice of March 14, 1831 (see S. 36, 2, 342) but this requirement is no longer in force. According to a note of the Minister of Justice of August 1, 19x1, the French officer of the civil status can no longer require of for- eigners proof of their capacity to marry according to their national law. Surville & ARTHtrvs, Droit International PRivfe, 6 ed., 373. Under the former requirement it had become the settled practice in France to accept as a substitute for such certifi- cate the opinion of an American attorney whose competency was certified by the American Embassy, that according to the law of the state to which the party belonged parental consent and the publication of banns were not required. Kelly, supra, 57-63- 5' Wahl, "Mariage par Procuration," Revue Trimestrielle de Droit Civil, 191S, 15-
