Dame X..., Widow of the Victim v Caisse Centrale de Reassurances des Mutuelles Agricoles

Procedural record

1. 30 January 1975France

   30 January 1975France

   Judgment of the Paris Court of Appeal dated 30 January 1975

   Paris Court of Appeal

   Decision summary

   The Paris Court of Appeal ruled on the exequatur of an Algerian judgment arising from a fatal agricultural work accident and accepted the jurisdiction of the Algerian court, including on the basis that the French insurer had not invoked its French-court jurisdiction privilege in time.

   Participants

   Dame X..., widow of the victim

   Caisse Centrale de Reassurances des Mutuelles Agricoles

   Paris Court of Appeal

   Other

   Institutional administrator

   Paris Court of Appeal

   1 year, 3 months and 5 days later · 461 days

2. 5 May 1976France

   5 May 1976France

   Judgment of the French Court of Cassation concerning exequatur of an Algerian judgment

   French Court of Cassation

   Decision summary

   The French Court of Cassation quashed the Paris Court of Appeal's exequatur ruling. It held that Article 15 of the French Civil Code protected the French defendant's right to be sued before French courts and that failing to appear before the Algerian court did not waive that protection; it remanded the case to the Rouen Court of Appeal.

   Participants

   Dame X..., widow of the victim

   Caisse Centrale de Reassurances des Mutuelles Agricoles

   French Court of Cassation

   Other

   Institutional administrator

   French Court of Cassation

   Authorities cited

   3

   • Article 15 of the French Civil Code (French Civil Code, Article 15)
     statute
   • France–Algeria Convention dated 27 August 1964
     treaty
   • Law of 9 April 1898
     statute
3. Date not availableAlgeria

   Date not availableAlgeria

   Algerian judgment arising from a fatal agricultural work accident

   Algiers Court

   Decision summary

   The Algiers Court issued a judgment arising from a fatal agricultural work accident in Algeria involving X..., whose widow later sought recognition and enforcement of that judgment in France.

   Participants

   Dame X..., widow of the victim

   Caisse Centrale de Reassurances des Mutuelles Agricoles

   Algiers Court

   Other

   Institutional administrator

   Algiers Court