Second Issue of 2010’s Revue Critique de Droit International Privé


The last issue of the Revue critique de droit international privé was released in August. It contains two articles and several casenotes.

The first article is authored by Sara Godechot-Patris, who is a professor of law at the University of Tours. The article purports to revisit the concept of equivalence for the purpose of coordination of legal systems (Retour sur la notion d’équivalence au service de la coordination des systèmes). The English abstract reads:

Invoked in a myriad of different situations and in a confusing number of directions within the framework of the conflict of laws, the concept of equivalence  – which guarantees the integration within the forum legal order of situations conforming to foreign legal institutions – requires its use to be subject to greater discipline. This should take place by framing the conditions in which it operates, firstly through characterisation of the legal relationship, whether in view of the selection of a choice of law rule or in order to identify the substantive rules of the governing law, and secondly by subordinating the assessment to the requirements of coherence of the forum legal order. This will regulate its effects, not only in the case where an assessement of equivalence is positive and permits a substitution-assimilation or the subsidiarity application of the law of the forum, but also when the assessement is negative. In such a case, the refusal will not necessarily lead to a rejection of the foreign legal institution, since the necessary respect of the integrity of the forum legal order may lead to adding a new legal construct or category.

The second article is from Khalid Zaher,  who is a professor of law at the university of Fes (Morocco). It present the case for the recognition of Moroccan divorces after a recent decision of the French supreme court for private matters (Plaidoyer pour la reconnaissance des divorces marocains. A propos de l’arrêt de la première chambre civile du 4 novembre 2009). Unfortunately, there is no abstract.

The full table of content of the Revue can be seen here.