It is necessary to look at the specific procedure of the exequatur which allows to make Executory a foreign judgment in France or a French judgment abroad.
This makes it all the more important for one of the spouses of different nationalities to return to his country or to stay with the common children.
The exequatur makes it possible to ensure that any decision of justice rendered abroad applies on the French territory.
It should be remembered that any court decision rendered abroad does not automatically apply to French territory and must therefore be recognized.
The judgment will then be perfectly enforceable in France and will allow forced execution if one or the other parent creates difficulties.
Decisions that may be subject to an exequatur procedure are as follows:
- Judgments pronouncing a divorce,
- Judgments pronouncing an adoption,
- Judgments condemning a party to pay a sum of money,
- Arbitration awards,
The exequatur procedure is provided for by articles 509 et seq. Of the Code of Civil Procedure, which provides that « Judgments rendered by foreign courts and acts received by foreign officers shall be enforceable in the territory of the Republic in the manner and in the manner the case provided by law « .
This legal provision is completed by the exequatur judge who laid down the basic conditions for recognizing a foreign decision.
This is important especially with regard to divorce and childcare.
It is also possible to exequatur a French decision abroad.
It should be noted that the exequatur is subject to three distinct procedures
The French judge checks:
- The jurisdiction of the foreign judge,
- compliance with the international public policy of substance and procedure,
- The absence of fraud in the law,
These 3 conditions are cumulative, which means that the exequatur can be refused when only one condition is missing.
These provisions apply in the absence of an international convention organizing the conditions for the recognition and enforcement of foreign judgments and decisions.
Indeed, some countries have, by mutual agreement, put in place the rules of recognition and enforcement of judgments rendered in the territory of the other State party to the convention.
In the context of a Franco-American divorce, a Franco-Russian divorce or a Franco-Mexican divorce everything suggests that competent judges are not vitiated by nature of a fraudulent intent.
The exequatur procedure as such, in order to have a foreign judgment recognized, must be made by a lawyer before the Tribunal de Grande Instance territoriale, with the understanding that if the parties have no ties in France they can seize any High Court.
The lawyer writes a summons which he has served on the person of the defendant.
This assignment must be translated.
It must be ensured that the decision which is the subject of the exequatur application is definitive and that it has been served according to the rules of procedure of the country in question.
The exequatur procedure is provided for by articles 509 et seq. Of the Code of Civil Procedure, which provides that « Judgments rendered by foreign courts and acts received by foreign officers shall be enforceable in the territory of the Republic in the manner and in the manner the case provided by law « .
This legal provision is completed by the exequatur judge who laid down the basic conditions for recognizing a foreign decision.
This is important especially with regard to divorce and childcare.
It is also possible to exequatur a French decision abroad.
It should be noted that the exequatur is subject to three distinct procedures
The French judge checks:
- The jurisdiction of the foreign judge,
- compliance with the international public policy of substance and procedure,
- The absence of fraud in the law,
These 3 conditions are cumulative, which means that the exequatur can be refused when only one condition is missing.
These provisions apply in the absence of an international convention organizing the conditions for the recognition and enforcement of foreign judgments and decisions.
Indeed, some countries have, by mutual agreement, put in place the rules of recognition and enforcement of judgments rendered in the territory of the other State party to the convention.
In the context of a Franco-American divorce, a Franco-Russian divorce or a Franco-Mexican divorce everything suggests that competent judges are not vitiated by nature of a fraudulent intent.
The exequatur procedure as such, in order to have a foreign judgment recognized, must be made by a lawyer before the Tribunal de Grande Instance territoriale, with the understanding that if the parties have no ties in France they can seize any High Court.
The lawyer writes a summons which he has served on the person of the defendant.
This assignment must be translated.
It must be ensured that the decision which is the subject of the exequatur application is definitive and that it has been served according to the rules of procedure of the country in question.
The exequatur procedure is provided for by articles 509 et seq. Of the Code of Civil Procedure, which provides that « Judgments rendered by foreign courts and acts received by foreign officers shall be enforceable in the territory of the Republic in the manner and in the manner the case provided by law « . This legal provision is completed by the exequatur judge who laid down the basic conditions for recognizing a foreign decision. This is important especially with regard to divorce and childcare. It is also possible to exequatur a French decision abroad. It should be noted that the exequatur is subject to three distinct procedures The French judge checks: • The jurisdiction of the foreign judge, • compliance with the international public policy of substance and procedure, • The absence of fraud in the law, These 3 conditions are cumulative, which means that the exequatur can be refused when only one condition is missing. These provisions apply in the absence of an international convention organizing the conditions for the recognition and enforcement of foreign judgments and decisions. Indeed, some countries have, by mutual agreement, put in place the rules of recognition and enforcement of judgments rendered in the territory of the other State party to the convention. In the context of a Franco-American divorce, a Franco-Russian divorce or a Franco-Mexican divorce everything suggests that competent judges are not vitiated by nature of a fraudulent intent. The exequatur procedure as such, in order to have a foreign judgment recognized, must be made by a lawyer before the Tribunal de Grande Instance territoriale, with the understanding that if the parties have no ties in France they can seize any High Court. The lawyer writes a summons which he has served on the person of the defendant. This assignment must be translated. It must be ensured that the decision which is the subject of the exequatur application is definitive and that it has been served according to the rules of procedure of the country in question.
Then, the French judge is put in a position to carry out the exequatur of the judgment, to give it force enforceable in France, In the event of a Franco-American, French-Mexican or French-Russian divorce, this procedure makes it possible in all circumstances to have a decision obtained in France, in Canada, in Mexico, in Russia, etc., which is much more protective. for the representation of the child of whom one of the parents would have returned to France hoping to escape the rigor of a foreign decision,