Questione giuridica chiave
Whether the proxy marriage concluded in Syria must be recognized in Switzerland as a preliminary question to family reunification.
Decisione estratta
The marriage had to be recognized. The Swiss requirement of personal presence at marriage has no ordre public status; what matters is the free matrimonial will, which may be proven other than by personal hearing. A proxy marriage abroad is not obviously contrary to Swiss public policy if the spouse to be reunited regards himself or herself as married and the proxy was duly authorized.
Motivazione estratta
Recognition under the PILA is liberal for foreign marriages. A refusal is possible only in exceptional cases under Art. 27(1) PILA or Art. 45(2) PILA. Here the marriage was valid under Syrian law, and the record showed no public-policy violation because the essential element is free consent, not the form of personal appearance.