The registrar of the referring court shall, without delay, request the registry of the court whose decision has been quashed to provide him with the case file. The registrar of the referring court shall, without delay, request the registry of the court whose decision has been quashed to provide him with the case file.
In the event of referral back to the Court of Appeal, where the case was covered by the ordinary procedure, it shall be fixed within a short time under the conditions of Article 905. In this case, the provisions of article 1036 do not apply. The statement of referral shall be served by its author on the other parties to the proceedings which gave rise to the cassation within ten…
The judicial court has exclusive jurisdiction to hear at first instance disputes concerning the French or foreign nationality of natural persons, subject to the provisions set out in the Civil Code for criminal courts with a criminal jury. It also has jurisdiction to hear disputes relating to the refusal to issue a certificate of French nationality provided for in article 31-3 of the Civil Code. The exceptions of nationality and…
The judicial court with territorial jurisdiction is that of the place of residence of the person whose nationality is in question or, if that person does not live in France, the judicial court of Paris.
In all proceedings in which a challenge to nationality or to the refusal to issue a certificate of French nationality is raised as the main issue or as an incidental issue, a copy of the summons or the application or, where applicable, a copy of the submissions raising the challenge shall be lodged with the Ministry of Justice, which shall issue a receipt. The filing of documents may be replaced…
The judgment may not be provisionally enforced. The time limit for an appeal in cassation suspends enforcement of the judgment; an appeal in cassation brought within this time limit also suspends enforcement.
Any action whose principal object is to have a person declared to be or not to be a French national shall be brought by or against the public prosecutor without prejudice to the right of any interested party to intervene in the proceedings.
Where a question of nationality is referred to a court of law as an incidental question which it is not competent to hear and which is necessary for the resolution of the dispute, the case shall be communicated to the Public Prosecutor’s Office. The Public Prosecutor’s Office shall state, in written and reasoned submissions, whether or not it considers that there are grounds for admitting the existence of a preliminary…
If a question of nationality is raised by a party before a court that considers that there is a preliminary question, the court shall refer that party to appeal to the competent judicial court within a period of one month or, within the same period, to submit a request to the public prosecutor. Where the person whose nationality is in dispute relies on a certificate of French nationality, or where…
The public prosecutor is required to act under the conditions of article 1042 if he is requested to do so by a public administration or by a third party who has raised the nationality objection before a court which has stayed the proceedings under the conditions of article 1044. The third party claimant is called into question.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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