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Matters of matrimonial property regimes - France


Article 64(1) (a) - the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 44(1) and with appeals against decisions on such applications in accordance with Article 49(2)

Article 64(1) (b) - the procedures to contest the decision given on appeal referred to in Article 50

Article 65 (1) - the list of the other authorities and legal professionals referred to in Article 3(2)

Article 64(1) (a) - the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 44(1) and with appeals against decisions on such applications in accordance with Article 49(2)

The applications referred to in Article 44 are to be submitted to the chief registrar (greffier en chef) of the regional court (tribunal de grande instance) (Articles 509(1) and 509(2) of the Code of Civil Procedure (code de procédure civile)) where they relate to a court decision or court settlement, and to the president of the Association of Notaries (chambre des notaires), or his or her replacement in case of absence or incapacity, if they relate to an authentic instrument.

The authority before which the appeals referred to in Article 49(2) are to be lodged is the president of the regional court (Article 509(9) of the Code of Civil Procedure).

Article 64(1) (b) - the procedures to contest the decision given on appeal referred to in Article 50

A decision given by the president of the regional court on an appeal can be contested only by bringing an appeal on a point of law (pourvoi en cassation) before the Court of Cassation (Cour de cassation).

The grounds for an appeal on a point of law may differ (ruling contravening the law, misuse of power, lack of jurisdiction, lack of legal basis, lack of legal grounds, conflicting judgments, etc.), but in each case the court limits itself to a review of the application of the law. This means that the Court of Cassation checks that the ruling did not contravene the law or disregard the rule of law, but does not examine the facts of the case.

Cour de cassation

5 quai de l’Horloge

75055 Paris

Article 65 (1) - the list of the other authorities and legal professionals referred to in Article 3(2)

Not applicable


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Last update: 12/04/2019