Search icone
Search and publish your papers

Private International Law

Or download with : a doc exchange

About the author

Level
Expert

About the document

Published date
Language
documents in English
Format
Word
Type
worksheets
Pages
67 pages
Level
Expert
Accessed
0 times
Validated by
Committee Oboolo.com
0 Comment
Rate this document
  1. The invention of television or a succession of discoveries
    1. The discoveries that introduced the invention of television
    2. The birth of the term "television"
    3. From the mechanical television (1925-1931) to the electric television (1932-1945)
  2. Television in the footsteps of players like the radio
    1. The FCC and Congress: state control
    2. The networks: diffusion
    3. U.S. companies: financing
  3. Television and the American public
    1. Television proved to the Americans
    2. The placing of television sets on the market
    3. Programs
  4. Conclusion

Part 1 of this paper deals with the Conflicts of Jurisdiction that are present in many cases.

The direct jurisdiction of French courts:

The independence of jurisdiction and legislative power This issue was dealt with during the C. Case on December 16, 1992, 1st Civil.
Principle relative: the interdependence of the conflicts of jurisdiction and the conflict of the laws that are in practice.

The influence of the conflicts of jurisdiction on the issue of the conflict of laws: the determination of jurisdiction logically precedes that of the laws applicable that are applicable to the case. The determination of the applicable substantive law varies with the perspective that the competent judge takes. Each State has its own system to deal with the conflict of laws.

Some influence on the legislative competence of jurisdiction: the judge has, in practice, a holistic approach to the problem and tends to assume jurisdiction or not according to the law that is applicable to the case.

The competence of international law

Two characteristics:
- Territorial jurisdiction i.e. ratione loci(Latin because of the place involved)
- Subject matter jurisdiction i.e. ratione materiae
The international jurisdiction is a shared competence
According to Article 92 of the NCPC:

The ordinary rules of French courts
General principle of jurisdiction of French courts that dealt with the disputes between foreigners in the nineteenth century:
- Latin maxim "actor sequitur forum rei" means the jurisdiction is the domicile of the defendant.
- Article 13 former CPC admission procedure at home (not admitted to the foreign residence in France is not able to enter a French court)

Progressive abandonment of this principle was in the 1948 and 1962 cases of Patino and Scheffel.

The criteria for international jurisdiction in French courts

A. The solution:

In the October 19, 1959 case that dealt with Pelassa, the extension of the international rules of internal territorial NCPC qualified that a competent court could be one that is in France if the defendant is domiciled in France.

Ordinary rules of jurisdiction are based on a criterion of localization (when concerned with the defendant's domicile)

Characteristics of these rules:
- Apply to all litigants: more discrimination based on nationality of the parties
-Unilateral rules: only define the exclusive jurisdiction of French courts(the principle of the sovereignty states that a French judge cannot grant jurisdiction to a court that is not French)
B. Exceptions to the principle

1. Succession law

Internal territorial jurisdiction:
-According to Article 45 of the NCPC. The power goes to the court in whose jurisdiction the case lies is
- section 720 of the Civil Code can be determined by the domicile of the deceased.
When this is implemented in an international context, the jurisdiction lies in the French courts if the deceased's domicile is in France.

Probate distinction:
- For a movable estate: jurisdiction of the court of the last domicile of the deceased
- For Estate properties: the courts where the location of the property

Similar documents you may be interested in reading.

Private international law in 2005

 Law & contracts   |  International   |  Term papers   |  01/03/2011   |   .doc   |   8 pages

Problems and methods of private international law

 Law & contracts   |  International   |  Presentation   |  02/03/2011   |   .doc   |   4 pages

Top sold for international law

Critically discuss the contributions of the Third World Approaches to International Law (TWAIL)...

 Law & contracts   |  International   |  Term papers   |  05/13/2009   |   .doc   |   6 pages

The Universal Declaration of Human Rights is primarily a Western document, limiting the claimed...

 Law & contracts   |  International   |  Term papers   |  01/12/2009   |   .doc   |   5 pages