Arbitral Digest

Matter

B.N.C.I.A. v X... Spouses (French Court of Cassation 69-13.755)

  1. 1 December 1964Algeria

    1 December 1964Algeria

    Judgment of the Oran Regional Court dated 1 December 1964

    Oran Regional Court

    Decision summary
    The Oran Regional Court declared that the action against the X spouses would be treated as resumed after B.N.C.I.A.'s renewed procedural step.

    Supporting details

    2 participants
    B.N.C.I.A.
    X... spouses
    Oran Regional Court

    6 months and 21 days later · 203 days

  2. 22 June 1965Algeria

    22 June 1965Algeria

    Default judgment of the Oran Regional Court dated 22 June 1965

    Oran Regional Court

    Decision summary
    The Oran Regional Court entered a default judgment condemning the X spouses to pay the debit balance claimed by B.N.C.I.A.; B.N.C.I.A. subsequently sought exequatur in France.

    Supporting details

    2 participants
    B.N.C.I.A.
    X... spouses
    Oran Regional Court

    3 years, 10 months and 8 days later · 1408 days

  3. 30 April 1969France

    30 April 1969France

    Judgment of the Montpellier Court of Appeal dated 30 April 1969

    Montpellier Court of Appeal

    Decision summary
    The Montpellier Court of Appeal refused B.N.C.I.A.'s application for exequatur of the Oran default judgment against the X spouses.

    Supporting details

    2 participants
    B.N.C.I.A.
    X... spouses
    Montpellier Court of Appeal

    2 years and 5 days later · 735 days

  4. 5 May 1971France

    5 May 1971France

    Judgment of the French Court of Cassation, First Civil Chamber in appeal no. 69-13.755 dated 5 May 1971

    French Court of Cassation, First Civil Chamber

    Case no.
    69-13.755
    Citation
    French Court of Cassation, First Civil Chamber, 5 May 1971, appeal no. 69-13.755
    Decision summary
    The Court of Cassation quashed the Montpellier Court of Appeal judgment that had refused exequatur of the Oran default judgment. It held that the lower court had not examined whether the X spouses had notified a change of domicile or suffered prejudice from the manner of service, and that the uncompensated transfer of their agricultural property was contrary to French public policy; it remanded the case to the Amiens Court of Appeal.

    Supporting details

    6 authorities · 3 participants
    B.N.C.I.A.
    X... spouses
    French Court of Cassation, First Civil Chamber
    Other
    Institutional administrator
    Zakine

    Authorities cited

    6
    • France-Algeria Convention of 27 August 1964, published by the Decree of 11 August 1965
      treaty
    • French Code of Civil Procedure
      code
    • French Civil Code
      code
    • Government Declaration of 19 March 1962 on Economic and Financial Cooperation Between France and Algeria
      declaration
    • Referendum Law of 8 April 1962
      statute
    • Algerian Decree of 1 October 1963
      decree

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B.N.C.I.A. v X... Spouses (French Court of Cassation 69-13.755) · Matter