In an international context, the question of what effect a foreign judgment will have in France arises often.
When it comes to the status and legal capacity of individuals, the principle is that foreign judgments will be fully recognized. There is a presumption that foreign judgments are valid and that the situations they bring into being will be recognized in France.
However, although the legality of the foreign decision must be assumed, the applicable rules may differ depending on the country in which the decision originated. In fact, if the decision comes from a Member State of the European Union, its legality must be verified depending on the subject matter of the decision, since a European Regulation may be applicable, for example, in matters of divorce or maintenance obligations.
If the agreement comes from a third-party state, it must be verified whether the State has signed a multilateral agreement with France on the subject matter of the decision or a bilateral agreement that would provide for specific rules for recognizing decisions. France has signed many bilateral agreements on the recognition of judgments.
In the absence of an agreement, the rules of national law must be applied based on legal precedents.
Different types of unions exist, each of which leads to different rights and duties for the individuals in the couple. In an international context, we need to make sure that the union will be recognized both in France and abroad.
How a couple separates depends on the type of union they chose. For married couples, we need to pay attention to the jurisdiction in which the divorce will be filed.
Children may be affected by various matters that fall under international family law (habitual residence on the territory of a foreign country, movement across a border, etc.)
To protect a vulnerable adult, it may be necessary to resolve issues of private international law, such as jurisdiction, so that a protective order may be issued and recognized.
Estates are transferred after a death or on the basis of an estate plan. In an international context, this area of law has special characteristics due to the diversity of laws and taxes that may apply.