Bibliographie sélective OHADA

This paper discusses the impact of digitalisation on the recognition of international marriages and divorces concluded online before a remote authority. The widespread solution for the formal validity of marriages based on the application of the lex loci celebrationis is now facing the division of the place of celebration between the state where the authority is located and the state(s) from which the parties appear remotely. With regard to divorces in the era of dejudicialisation and digitisation, new problems arise when it comes to assessing their authentic nature and the notary’s international competence. This paper explores different legal approaches to these challenges from a comparative perspective and proposes avenues to enhance the cross-border circulation of family status resulting from e-solemnisation of marriages and e-notarisation of divorces.