Conflict of laws, Exequature
- Exequatur and its procedure
- Qualification of exequatur
- Exequatur linked with public order
- The competence of judge
- The admissiblity to the claim
- The litigation
- The resolution of judgment
- The qualification of disproportionate damages: a strict interpretation?
- A relaxing interpretation compared to the previous jurisprudence
- Going further
Article 2412 of the civil code Difference between “exequatur” and “enforcement” even if it’s the same etymology. Exequatur: suspensive effect CJCE, Deutsche Genossenschaft vs Soc. Brasserie du Pêcheur, 2 July 1985. CJCE, Hoffmann c. Krieg, 4 February 1988. The exequatur differs from the notion of on-call duty. CC, 27 June 1994. It can control the conformity exequatur with international public order “fori”. Lex fori: applicable law of the place where a court has been referred. Relative effect: give more easily the exequatur at the foreign adjudication Exception: if there is a close link with France, the exequatur isn’t given easily.