Exequatur: The reasoning of the foreign judgment
In a ruling rendered on October 23, 2018, the Paris Court of Appeal applied the rule regarding the reasoning of foreign judgments in the exequatur procedure. To receive exequatur in France, every foreign judgment, regardless of the subject matter in which it was rendered, must be reasoned. The Paris Court of Appeal recalled this rule […]
The exequatur of American judgments
In a ruling rendered on May 13, 2014, the Paris Court of Appeal applied the rules for the exequatur of American judgments. Numerous decisions are rendered each year by French jurisdictions regarding the exequatur of American judgments and arbitral awards. No judicial cooperation agreement has been signed in this area between France and the United […]
Exequatur and real estate succession
The location of real estate in succession matters is a criterion of exclusive competence for French courts. A ruling rendered by the Paris Court of Appeal on September 9, 2014, recalls this rule and consequently refuses exequatur for a judgment rendered in Congo-Brazzaville. Whether assessed under common law via the Cornelissen jurisprudence, or under treaty […]
Exequatur: definition, procedure and conditions
In French private international law, exequatur is defined as a procedure by which a party requests a French jurisdiction to grant, in France, enforcement to a foreign judicial decision. Exequatur: procedure for recognition and enforcement in France of a foreign judicial decision Exequatur comes from the Latin verb exequi and means: let it be executed. […]
The exequatur of an American judgment ordering the payment of a gambling debt
The Paris Court of Appeal rendered a ruling on May 24, 2016, applying the rules for the exequatur of an American judgment in France. The facts were as follows. A person of French nationality and a person of Paraguayan nationality (one residing in Paris, the other in Italy) had contracted a gambling debt in the […]
The action for unenforceability of a foreign judgment
The purpose of an action for unenforceability (action en inopposabilité) is to deprive a foreign judgment of any effect in France. Similar to an action for exequatur, the action for unenforceability of a foreign judgment allows for the review of a foreign judgment’s regularity through principal proceedings. The difference between the two procedures lies in […]