First dates, promise of marriage and private international law

Abstract

This essay deals with the legal regulation of the promise of marriage today in cases involving foreign elements. After an analysis of the very deep controversies about the legal essence of this curious institution, the present work reveals that the breaking of the promise to marry generates extra-contractual obligations. Accordingly, the Brussels I-bis regulation is to be applied in order to specify the courts hearing the case. In addition to that, the Rome II regulation must be applied to specify the Law applicable to the substance of the matter. In this perspective, not only should the bulk of the damage be localized in the country where the victim has his/her habitual residence but also, in accordance with that, the application of the law of the country of habitual residence of the victim emerge as the optimal and more efficient solution for most cases.