Иностранные судебные решения о личном статусе во французском правопорядке

Abstract

The world practice of the special privileged position of foreign judgments on the status and legal capacity which consists in their exemption from the necessity of being previously recognised that exists also in Russia, has its origin in France where on the base of the fundamental decisions of the Court of Cassation was created the still existing exception to the rule of preliminary recognition of foreign judgments for their having legal effect in France. On the ground of such foreign judgments can be made the entries in the French civil register. The examination of such foreign judgments can be made either incidentally as a preliminary question on which depends the outcome of other proceedings in a French court, or as the recognition of a foreign judgment which is not necessary, but also not excluded, or, finally, as a special claim for declaratory ruling that such foreign judgment had no legal effect in France. This experience has found echoes in the Russian legislation and can be used to fill gaps and eliminate ambiguities in Russian law.