Written by Hadrien Pauchard (assistant researcher at Sciences Po Legislation Faculty)
The primary subject of the Revue Critique de droit worldwide privé of 2024 was launched a number of months in the past. It comprises 2 articles and a number of other case notes. As soon as once more, the doctrinal half has been made obtainable in English on the editor’s web site (for registered customers and establishments).
The opening article is authored by Dr. Nicolas Nord (Université de Strasbourg) and tackles the essential but usually ignored subject of L’officier d’état civil et le droit étranger. Analyse critique et potential d’une défaillance française (Civil registrars and overseas legislation. A vital and potential evaluation of a French failure). Its summary reads as follows:
In worldwide conditions, French civil registrars could incessantly be confronted with the appliance of overseas legislation. Nevertheless, by advantage of the Common Instruction on Civil Standing and different administrative texts, they’re beneath no obligation to ascertain the content material of overseas legislation and will be happy with the only real parts reported by requesting non-public people. This answer actually has the benefit of simplifying the duty of civil registrars, who usually are not authorized professionals. Nevertheless, it results in inconsistencies inside the French authorized system. The article subsequently recommends reversing the precept and creating an obligation for the French authority on this space. Nevertheless, the burden must be lightened by facilitating entry to the content material of overseas legislation. Concrete proposals are put ahead to this finish, each internally and thru worldwide cooperation.
Within the second article, Prof. David Sindres (Université d’Angers) addresses the complicated query of the scope of jurisdiction clauses, by way of the vital dialogue of latest case legislation on whether or not Le « destinataire réel » des marchandises peut-il se voir opposer la clause attributive de compétence convenue entre le chargeur et le transporteur maritime ? (Can the “precise addressee” of the products be submitted to the jurisdiction clause agreed between the shipper and the maritime service?). The summary reads as follows:
In two notable choices, the French Cour de cassation has dominated that the case legislation of the Court docket of Justice Tilly Russ/Coreck Maritime is strictly confined to the third-party bearer of a invoice of lading or sea waybill, and can’t be utilized to the “precise addressee” of the products. Thus, not like the third occasion bearer, the “precise addressee” can’t be submitted to the clause agreed between the shipper and the maritime service and inserted in a invoice of lading or a sea waybill, even when he has succeeded to the rights and obligations of the shipper beneath the relevant nationwide legislation, or has given his consent to the clause beneath the circumstances laid down in article 25 of the Brussels I bis regulation. The excellence thus made by the Cour de cassation with regard to the enforceability in opposition to third events of jurisdiction clauses agreed between shippers and carriers can’t be simply justified. Certainly, it’s under no circumstances required by the Tilly Russ and Coreck Maritime rulings and is even troublesome to reconcile with them. Moreover, insofar as it might result in the non-application of a jurisdiction clause to an precise addressee who has nonetheless consented to it beneath the circumstances of article 25 of the Brussels I bis regulation, it fails to fulfill the necessities of this textual content.
The total desk of contents is obtainable right here.
The second subject of 2024 has been launched and will likely be introduced shortly on this weblog.
Earlier problems with the Revue Critique (from 2010 to 2022) can be found on Cairn.
