L’officier de l’état civil et le droit étranger. Analyse critique et prospective d’une défaillance française
In international situations, French civil registrars may frequently be confronted with the application of foreign law. However, by virtue of the General Instruction on Civil Status and other administrative texts, they are under no obligation to establish the content of foreign law and can be satisfi...
Guardado en:
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| Formato: | Article ou chapitre numérique |
| Lenguaje: | Français |
| Publicado: |
2024
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| Acceso en línea: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Sumario: | In international situations, French civil registrars may frequently be confronted with the application of foreign law. However, by virtue of the General Instruction on Civil Status and other administrative texts, they are under no obligation to establish the content of foreign law and can be satisfied with the sole elements reported by requesting private individuals. This solution certainly has the advantage of simplifying the task of civil registrars, who are not legal professionals. However, it leads to inconsistencies within the French legal system. The article therefore recommends reversing the principle and creating a duty for the French authority in this area. However, the burden should be lightened by facilitating access to the content of foreign law. Concrete proposals are put forward to this end, both internally and through international cooperation. |
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