A Comparative Study of the Applicable Law to the Validity of Foreign-Related Marriages in China and Uzbekistan: Conflict-of-Laws Rules, Recognition and Legal Certainty

The cross-border mobility of individuals has increased the importance of determining the validity and recognition of marriages involving a foreign element. Differences in national family law and conflict-of-laws rules may create uncertainty regarding substantive marriage conditions, formal validity, and the legal effects of marriages concluded abroad. This article comparatively examines the applicable-law frameworks of the People’s Republic of China and the Republic of Uzbekistan, focusing on the relationship between conflict-of-laws rules, foreign-marriage recognition, and the ascertainment of foreign law. The study employs doctrinal legal analysis, systematic statutory interpretation, and comparative legal methodology. It analyses Articles 21 and 22 of China’s Law on the Application of Laws to Foreign-Related Civil Relations, relevant provisions of the Chinese Civil Code, and Articles 13–16 and 234–238 of the Uzbek Family Code. It also considers contemporary scholarship on the cross-border recognition of personal status and China’s judicial framework for ascertaining foreign law. The analysis demonstrates that China expressly distinguishes between the law governing the conditions of marriage and the law governing marriage formalities, whereas Uzbekistan establishes a specific statutory framework for recognizing marriages concluded abroad, subject to defined domestic impediments. The article develops a structured model for analysing cross-border marriage cases and recommends clearer administrative guidance, improved verification of foreign law, and stronger institutional cooperation. Its contribution lies in identifying the legal stages at which inconsistencies may arise and proposing measures to enhance legal certainty without assuming that the two jurisdictions follow identical approaches.