It is possible the court exequàtur a transaction not approved
Posted by Manuel Casal | Section Juris. Litigation , Jurisprudence
"I. - It appears from the provisions of Article 19 of the Act Qualified Justice, 47 and 49 of the Transitional Law of Judicial Procedure, the procedure exequàtur confined to foreign civil judgments. This means that the resolution calling for the execution of the Principality shall be issued or approved by a foreign court.
II. - If Aunt, this is not a decision of a foreign jurisdiction, but a compromise agreement, which was not recognized by any foreign court. Indeed, it appears from the evidence contained in Aute, which by resolution dated 10-09-03, the Commercial Court of Paris condemned the Society P. SA to repay society SF, the amount of € 771,500, plus interest at 1.5% per month of the date 30-07-01 and the sum of € 6,000. Against this decision, the company P. SA made recourse to appeal. Up before the Cour d'Appel de Paris. In the second instance, the parties have raised the subject of this agreement transactional demand exequàtur, and merits of this agreement, the company P. SA withdrew its appeal to the appeal. Policy, rejecting the magistrate found west of the Cour d'Appel. Therefore, despite the parties requested the court exequàtur shout to the transaction, the fact is that the evidence found in the proceedings in which it is a transaction carried out within the framework of legal proceedings but not approved by the Cour d'Appel, so it must be true to their nature and meet the following considerations.
III. - If the French Civil Code Article 2052 provides that the transaction has, between the parties that signed, the authority of res judicata, Article 2044 of the same code requires that a private agreement and not need for its efficacy is validated by a jurisdiction. Consequently, if the transaction Aunt, can run between the parties, as all private agreement, in France, Andorra, or in any other country, can not be subject to exequàtur not being issued or approved by a resolution a foreign jurisdiction. The particular nature of the matter determined not to special taxation costs. "
Judgment of the Civil Division of the Superior Court dated 10/6/10, JL speaker. Vuillemin, Aunt 036/10.
