Arbitral Digest

Matter

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

  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.

    Supporting details

    3 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
  2. 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.

    Supporting details

    3 participants
    Dame X..., widow of the victim
    Caisse Centrale de Reassurances des Mutuelles Agricoles
    Algiers Court
    Other
    Institutional administrator
    Algiers Court
  3. Date not availableFrance

    Date not availableFrance

    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.

    Supporting details

    3 authorities · 3 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

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