Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio
Laws relating to public order and safety are binding on all those living on the territory.
Immovables, even those belonging to foreigners, are governed by Luxembourg law.
Laws on personal status and capacity govern Luxembourgers, even residing abroad.
A foreigner, even if not residing in Luxembourg, may be cited before the Luxembourg courts for the performance of obligations contracted by him in Luxembourg with a Luxembourger; he may be called before the courts of Luxembourg for obligations contracted by him in a foreign country towards Luxembourgers.
Luxembourgers may be called before a court of Luxembourg for obligations contracted by them in a foreign country, even with a foreigner.
Faith shall be given to records of civil status of Luxembourgers and foreigners made in a foreign country, provided they have been drawn up in the form in use in that country. Records of birth, marriage and death made by foreign authorities within the limit of their jurisdiction and concerning Luxembourgers can be transcribed on the records of civil status of their domicile.
There shall be a mention of marriage or death in the margins of the records of the birth of the persons concerned.
A record of civil status of Luxembourgers in a foreign state is valid where it was received, in accordance with Luxembourg law, by diplomatic or consular agents.
A marriage contracted in a foreign country between Luxembourgers, or between a Luxembourg person and a foreigner, is valid where it is celebrated in the form in use in that country, provided it p. 3494was preceded by the public notice prescribed by Art. 63, in the title Of Records of Civil Status2, and there was, for the Luxembourger, no breach of the provisions contained in the preceding Chapter3.
A marriage shall be celebrated:
where one of the future spouses is of Luxembourg nationality or habitually resides in Luxembourg, provided that both future spouses meet the substantive requirements of Luxembourg law; or
where each of the future spouses meets the substantive requirements of the law applicable to his or her status.
Adoption is open to Luxembourgers and to foreigners.
The conditions required to adopt are governed by the national law of the adopter or the adopters. In case of adoption by two spouses of different nationality, or by stateless spouses, the applicable law is the law of the common habitual residence of both spouses at the moment of the request for adoption. That same law is applicable to cases where one of the spouses is stateless.
The conditions required of the adoptee are governed by the national law of the adoptee, except where by virtue of the adoption, the adoptee acquires the nationality of the adopter: in that case, the conditions are governed by the national law of the adopter.
The effects of adoption are governed by the national law of the adopter or adopters. Where adoption is made by two spouses of different nationality or stateless spouses, or where one of the spouses is stateless, the applicable law is that of their common habitual residence at the moment where the adoption takes effect.
In case of conflict between the rules of jurisdiction which are provided for, respectively, by the national law of the adopter and by that of the adoptee, adoption is validly made according to the forms prescribed by the law of the country where the adoption has been made and before the authorities that have jurisdiction according to that law.
Translation by Prof. Patrick Kinsch, Université du Luxembourg (Luxembourg).
Translator’s note: Art. 63 states that ‘before the celebration of the marriage, the registrar in charge of the civil registry shall give public notice of it by way of a bill stuck up on the door of the town hall’.
Translator’s note: The preceding Chapter of the Civil Code relates to the substantive conditions of marriage.