Private International Law: Key Case Law and Principles

A comprehensive set of vocabulary flashcards covering the major rulings, principles, and case law in Private International Law (Droit International Privé) based on the provided lecture notes summary.

CA Paris, 13 juin 1814, Busqueta

Established the bilateralization of Article 3 of the Civil Code; personal status (state and capacity) is governed by national law, whether it leads to French or foreign law.

Cass. civ. 1re, 8 juillet 1969, Diac

Relates to real status and the lex rei sitae; it establishes that the law applicable to real rights is that of the place where the property is situated, with French public order as a limit for movable goods.

CJCE, 14 octobre 1976, Eurocontrol

Principles of autonomous qualification in European law, stating that concepts in European instruments must receive an interpretation independent of national qualifications.

Cons. const., 17 mai 2013, Mariage pour tous

Introduced a materially colored conflict rule allowing lawmaker favoritism for same-sex marriage if one of the applicable laws authorizes it, stating equality allows different treatment for different situations.

Cass. civ. 1re, 22 juin 1955, Caraslanis

Established qualification lege fori, meaning qualification is done according to the conceptions of the seized judge; for example, religious marriage requirements are qualified by French judges as formal conditions.

Cass. civ. 1re, 25 juin 1957, Sylvia

Concerns the extension of forum categories; the judge can broaden a French category (e.g., insanity) to include international situations under the personal law to ensure stability of status.

Affaire Bartholo, 24 juin 1889

A classic doctrinal example of a conflict of qualification where the quarte du conjoint pauvre can be attached to either matrimonial regime or succession rules.

Cass. civ. 1re, 10 octobre 2006, Kafala

States that kafala cannot be assimilated into adoption if it does not create a filiation link and the child's personal law prohibits adoption; the judge must respect the foreign institution.

Cass. civ. 1re, 25 février 1947, Ghattas

Relates to the adaptation of conflict rules; when legal fragmentation creates incoherence, the judge may adapt the solution to avoid contradiction.

Cass. civ., 24 juin 1878, Forgo

Founded the theory of renvoi in the first degree, where the French conflict rule designates a foreign law (Bavarian) which then refers back to the law of the forum (French).

Cass. civ. 1re, 15 juin 1982, Zagha

Illustrates renvoi in the second degree and renvoi in favorem, used to validate a religious marriage by allowing the Italian rule to refer to the spouses' national law.

Cass. civ. 1re, 11 mars 1997, Mobil North Sea Ltd

Limits renvoi by excluding it when the attachment is based on the will of the parties (law of autonomy); the chosen law is the substantive law, not its conflict system.

Cass. civ. 1re, 4 mars 2020 (Renvoi)

States that Article 311-14 of the Civil Code does not exclude renvoi, admitting it functionally to ensure international coherence in filiation solutions.

Cass. civ. 1re, 5 décembre 1949, Verdier

In mobile conflict regarding filiation, the solution is guided by the protection of the child, retaining the most favorable law in case of a nationality change.

Cass. civ. 1re, 12 mai 1959, Bisbal

Originally held that a judge is not required to raise a conflict of law rule ex officio when it designates a foreign law; a solution later criticized for devaluing the conflict rule.

Cass. civ. 1re, 11 octobre 1988, Rebouh

Reversed previous logic by ruling that in matters of non-disposable rights (e.g., filiation), the judge must raise the conflict rule ex officio.

Cass. civ. 1re, 26 mai 1999, Mutuelles du Mans

Established that the central criterion for ex officio application is the free disposal of rights; the judge is not obliged to raise the conflict rule for disposable rights.

Cass. civ. 1re, 26 mai 2021, SEB

Obliges the judge to apply an imperative European conflict rule ex officio to ensure the primacy and effectiveness of European Union law.

Cass. civ. 1re, 19 avril 1988, Roho

Allows parties, in matters of disposable rights, to enter a procedural agreement to set aside the foreign law designated by the conflict rule in favor of French law.

Cass. com., 28 juin 2005, Itraco

Mandates that the judge must search for the content of the applicable foreign law, with the parties' help, and apply French law subsidiarily if the content cannot be established.

Cass. civ. 1re, 25 mai 1948, Lautour

Defines International Public Order (OPI) as protecting universal principles of justice considered absolute by French opinion; not every internal mandatory rule is automatically OPI.

Cass. civ., 17 avril 1953, Rivière

Introduced the concept of attenuated public order, where the intensity of OPI varies depending on whether a situation is being created in France or is merely producing effects from abroad.

Cass. civ. 1re, 6 juillet 1988, Basis

Concerns the public order of proximity; OPI intervenes more strongly when the situation has a close link to France, such as protecting a French wife from the effects of a foreign polygamous marriage.

Cass. civ. 1re, 16 décembre 2020 (OPI Filiation)

Marks a return to full OPI in filiation; foreign laws prohibiting paternity search actions are set aside regardless of the child's nationality or residence based on the child's interest.

Cass. civ., 18 mars 1878, Princesse de Bauffremont

The foundational case for fraud to the law (fraude à la loi), where the voluntary manipulation of a connecting factor (nationality) to evade French law is nullified.

Cass. civ. 1re, 17 février 2004 (Répudiation)

Foreign repudiation decisions are refused when they violate the principle of equality between spouses, especially if there is a link of proximity with France.

CJCE, 23 novembre 1999, Arblade et Mazzoleni

Defined mandatory rules (lois de police) as imperative provisions necessary for the protection of an State's political, social, or economic organization, framed within EU law.

CJUE, 17 octobre 2013, Unamar

States that a more protective national transposition law can be qualified as a loi de police if the national judge determines it is of essential importance.

CJUE, 18 octobre 2016, République hellénique c/ Nikiforidis

Under Rome I, only the lois de police of the country of performance of the obligation can be applied as such, though other laws may be considered as facts.

CEDH, 26 juin 2014, Mennesson et Labassee c/ France

Ruled that the absolute refusal to recognize filiation for children born via foreign surrogacy (GPA) can violate the child's right to private life under Article 8 ECHR.

CJCE, 14 octobre 2008, Grunkin-Paul

Holds that a Member State cannot refuse to recognize a child's surname as registered in another Member State, as this would hinder free movement and status continuity.

Cass. civ., 21 juin 1948, Patino

Marked the end of the principle of incompetence between foreigners; French courts no longer refuse to hear disputes simply because both parties are foreign.

Cass. civ. 1re, 30 octobre 1962, Scheffel

Established direct international jurisdiction; the extraneity of parties is not a cause for incompetence, and internal territorial jurisdiction rules are transposed to the international order.

Cass. civ. 1re, 1970, Weiss

Extended the domain of jurisdiction privileges, allowing Articles 14 and 15 of the Civil Code to ground French jurisdiction in international disputes involving a French national.

Cass. civ. 1re, 23 mai 2006, Prieur

Clarified that Articles 14 and 15 of the Civil Code are no longer rules of exclusive jurisdiction, but are instead optional and protective.

Cass. civ. 1re, 22 octobre 2008, Monster Cable

States that the existence of a French loi de police does not invalidate a jurisdiction clause designating a foreign judge, as jurisdiction and applicable law remain dissociated.

Cass. civ. 1re, 6 février 1985, Simitch

Established the principle of indirect jurisdiction: a foreign judge is competent if the dispute has a characterized link with that State, provided there is no exclusive French jurisdiction or fraud.

Cass. civ. 1re, 20 février 2007, Cornelissen

Simplified the control of foreign judgments to a triplet: indirect jurisdiction of the foreign judge, conformity with International Public Order, and absence of fraud.

Cass. civ., 1974, Miniera di Fragne

Under French common law, the exception of international lis pendens grants the judge the faculty to stay proceedings if a recognizable foreign decision is forthcoming.