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CIVIL CODE

Family Law

§ 143. Law applicable to contract of marriage

(1) The preconditions for a contract of marriage for either prospective spouse shall be determined by the law of the country of residence of the prospective spouse.

(2)The law of the country where marriage is contracted applies to the form of the contract of marriage.

(3) A marriage contracted abroad or at a foreign representation located in Estonia shall be deemed valid in Estonia if it complies with the requirements of subsections (1) and (2) or with the requirements of the law of the state of citizenship of the prospective spouse.

§ 144. Law applicable to divorce

(1) Upon divorce, the law of the country of joint residence of the spouses applies.

(2)If spouses reside in different countries, the law of the country of their last joint residence applies, but divorce is only possible if it is permitted by the laws of the countries of residence of both spouses. If the spouses did not have a joint residence, the law of the country where the body granting the divorce is situated applies.

(3)A divorce granted abroad shall be deemed valid in Estonia if it complies with the law of the country where the divorce was granted.

§ 145. Law applicable to annulment of marriage

Upon annulment of marriage, the law applicable to the contract of marriage (§ 143) applies.

§ 146. Law applicable to personal and proprietary rights of spouses

(1) The personal and proprietary rights of spouses shall be determined by the law of the country where the spouses have joint residence.

(2)If spouses reside in different countries but have the same citizenship, their personal and proprietary rights shall be determined by the law of their country of citizenship.

(3)If spouses reside in different countries and have different citizenship, their personal and proprietary rights shall be determined by the law of the country of their last joint residence. If the spouses did not have a joint residence, the law of the country where the marriage was contracted applies.

(3(1)) If pursuant to this section the proprietary rights of spouses are determined by foreign law and one spouse resides in Estonia, the proprietary rights of the spouses determined by foreign law apply to a third person if a corresponding entry is made in the marital property register or if the third person knew or should have known of these rights.

(4)The law of the country where an immovable is situated applies to the proprietary rights of spouses in the immovable. [09.11.1995]

§ 147. Law determining relations between parents and children

(1) The mutual rights and obligations of parents and children shall be determined by the law of the country of joint residence of the parents and children.

(2)If parents and children reside in different countries, the law of the country of citizenship of the child applies.

(3)The law of the country of residence of the mother at the time of birth of the child applies to the rights of a child born out of wedlock.

§ 148. Law applicable to establishing and ascertaining filiation of child

The law of the country of residence or citizenship of a child or of one parent of the child at the time of birth of the child shall be the basis for establishing and ascertaining the filiation of the child depending on which is more beneficial for the child.

§ 149. Law applicable to adoption

(1) Upon adoption, the law of the country of residence of an adoptive parent or of the joint residence of adoptive parents applies. If adoptive parents are spouses who reside in different countries or are citizens of different countries, the adoption must comply with the law of the countries of residence or citizenship of both spouses.

(2)The law of the country of residence of a child being adopted and of his or her legal representative applies to the permissibility of adoption and to the consent of the child and his or her legal representative.

§ 150. Law applicable to duty of maintenance

(1) The duty to provide maintenance for a divorced spouse shall be determined by the law applicable to the divorce (§ 144).

(2)At the choice of a person submitting a claim, the law of his or her country of residence or of the country of residence of the person against whom the claim is submitted applies to the duty to provide maintenance for parents, children or other family members.