Précisions sur le contrôle à titre incident de la régularité internationale d'un jugement étranger - RDE nº 07299
Auteur | Legal News |
Mme X. a saisi le juge aux affaires familiales du tribunal de grande instance de Mulhouse d'une requête en divorce pour faute. Pour annuler l'ordonnance de non-conciliation qui avait rejeté la fin de non-recevoir soulevée par M. Y. et tirée d'un jugement de divorce prononcé par le tribunal de première instance d'Ain Chock (Maroc) deux ans plus tôt, la cour d'appel retient que le juge aux affaires familiales n'a pas le pouvoir de statuer sur une fin de non-recevoir opposée à une requête en divorce pour faute. Visant l'article 509 du nouveau Code de procédure civile, la Cour de cassation rappelle que "le contrôle à titre incident de la régularité internationale d'un jugement étranger peut être opéré par tout juge devant lequel ce jugement est invoqué pour contester son pouvoir du juger", et censure en conséquence l'arrêt de...
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