Automatic ("de plano") recognition of foreign judgments: when exequatur is not required

Just imagine: you have been divorced abroad, or a foreign court decision has established a parent-child relationship concerning you, or you have been appointed guardian of a relative by a court outside France. Do you always have to go through the exequatur procedure, which can be long and complex (described in our second article), so that these decisions have a value in France ? Fortunately, the answer is often no. For many decisions, particularly those relating to your personal status, French law provides for what is known as "recognition". "de planoThis means that these judgments can produce certain effects in France without the need for a prior decision by a French court. This means that these judgments can produce certain effects in France without the need for a prior decision by a French judge. However, this automaticity is not a blank cheque. It is conditional and can be called into question. This article explores this automatic recognition mechanism: what exactly is it, which judgments benefit from it, what effects does it produce (and above all, which ones are excluded), and how is the validity of these judgments ensured in the event of doubt or challenge?

What is de plano recognition?

The term "de plano" literally means "on a single plane", "without asperity". In legal terms, it reflects the idea that a foreign judgment has effect in France. directly, without the need to first obtain a decision from a French court (exequatur). This is an essential mechanism that facilitates the continuity of personal legal situations across borders. To use an analogy, it is a bit like using a foreign passport: it allows you to enter and be recognised in a country without any specific prior steps, unlike a visa (exequatur) which requires authorisation prior to entry for specific activities.

However, this automatic recognition is not not unconditional. This is a fundamental point to understand. The foreign judgment only produces its de plano effects if it complies with the conditions of international regularity which we detailed in our third article (jurisdiction of the foreign court, fair procedure, compliance with French public policy, absence of fraud). Recognition is therefore automatic, but under resolutory condition If it is subsequently discovered that the judgment was irregular, its recognition will lapse retroactively.

Contrary to the exequatur, where the regularity is checked a priori (before the judgment becomes enforceable), in the context of de plano recognition, the check is carried out a posterioriin other words, after the event, and only if a challenge emerges concerning the validity or effects of the foreign judgment in France. As long as no one contests it, the judgment has effect.

Which judgments benefit most from de plano recognition?

Historically, de plano recognition has been accepted by French case law (particularly since the seminal Bulkley in 1860 and de Wrède in 1900) in response to the need to ensure the stability and continuity of individuals' personal status. As a result, it was mainly foreign judgments relating to the condition and capacity of individuals who benefit from this scheme.

• The decisions of divorceof legal separation ormarriage annulment pronounced abroad.
• Judgments establishing or contesting a parent-subsidiary relationship (recognition of paternity, disputes, etc.).
• Some of the effects ofadoption made abroad (the creation of the adoptive parent-child relationship itself).
• Decisions concerning protection of adults (guardianship, curatorship) or minors (appointment of a guardian, organisation of custody - for effects other than physical restraint).

An important practical consequence is that these judgments can often be mentioned or transcribed in French civil status registers (for example, mention of the divorce in the margin of the marriage record) without the need for prior exequatur. However, this does not mean that there is no need for a check: the civil registrar will refer the matter to the Procureur de la République (public prosecutor), who will check the international legality of the foreign decision before authorising the updating of French records.

On the other hand, the situation is more complex and traditionally more restrictive for foreign judgments. heritage (orders to pay a sum of money, decisions on the ownership of movable property, etc.). Even if they are not invoked for compulsory enforcement, French case law has long required exequatur in order to give them full authority (in particular res judicata). Although recent developments suggest some relaxation, it is often prudent to apply for an exequatur in order to fully secure the effects of such judgments in France, even if they are not enforced.

What effects are covered by de plano recognition?

It is essential to understand the scope, but also the limits, of de plano recognition. What effects does a foreign judgment automatically have in France?

• Res judicata (negative effect) : A foreign judgment recognised de plano prevents the same dispute, between the same parties and involving the same cause of action, from being retried by a French court. If one party tries to bring a new action in France on a matter that has already been finally decided by a foreign judgment recognised de plano, the other party will be able to raise an objection based on the res judicata effect of the foreign judgment.
• The constitutive or declarative effect (positive effect) : The change in legal status brought about by the foreign judgment is taken into account in France. If you are divorced under a foreign judgment, you are deemed to be divorced in France (subject to legality). If a foreign judgment establishes your parentage, this relationship is recognised in France. The legal situation as established by the foreign judgment is accepted in the French legal system.

The fundamental limitation: lack of enforceability. This is the crucial point to remember. Recognition of plano never confers enforceability foreign judgment. It does not no restraint measures on persons or property in France. If your foreign divorce decree orders your ex-spouse to pay you alimony and he or she does not pay voluntarily, the recognition of the plano of the divorce will not allow you to have his or her salary or accounts seized in France. To do this, you will need to obtain theexequatur the foreign judgment (for the financial part). Similarly, if a foreign judgment grants you custody of a child and the other parent refuses to hand over the child, you will need exequatur in order to request the intervention of the police.

How is legality checked in the event of a dispute?

Since de plano recognition is conditional, what happens if the legality of the foreign judgment is called into question? How is this checked? The conditions of international regularityessential to this recognition, may be examined. Since there is no procedure a prioricontrol can only be carried outa posterioriIf a dispute arises before a French authority or court. There are three main ways of doing this:

1. Incident control : This is the most common case. The foreign judgment is invoked in the course of a other procedure the validity or effects of the foreign judgment are relevant. For example, in an estate opened in France, a foreign divorce decree is invoked to determine the rights of the surviving spouse. If the other party challenges the legality of the foreign divorce, the court hearing the succession will have to examine the case, incidentallyIf the foreign divorce decree meets the legal requirements for recognition in France, before the question of inheritance can be decided.
2. The principal action for unenforceability : If a person (usually the person aggrieved by the foreign judgment) wishes to have a French court officially declare that the foreign judgment is irregular and should therefore not produce effects in France, it can bring a specific action known as "en inopposabilité". The aim is to obtain a French judgment that neutralizes the de plano effects of the foreign judgment due to its irregularity. This is an offensive move to invalidate automatic recognition.
3. The main exequatur action for recognition : Conversely, if a person (often the beneficiary of a foreign judgment) wishes to provide legal certainty de plano recognition of this judgment and prevent any future challenge, it may choose to bring an exequatur action, not to obtain enforceability, but simply to have the judgment enforced. officially confirm by a French judge the regularity of the foreign judgment. Obtaining this "exequatur for recognition" will make the legality of the judgment indisputable between the parties in France.

These different procedures ensure that, even if de plano recognition facilitates the circulation of judgments, compliance with the fundamental requirements of French law remains guaranteed by the possibility of an effective judicial review if necessary.

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De plano recognition is a valuable mechanism for ensuring the fluidity of international personal situations, avoiding systematic procedures for decisions that, more often than not, do not pose any problems. Understanding how it works, its limitations (in particular the fact that it is not enforceable) and the ways in which its validity can be confirmed or challenged is essential if you are to manage legal situations with an international dimension with peace of mind. If you have questions about the effectiveness in France of a foreign judgment affecting you, or if its legality is contested, our firm can provide you with its expertise to clarify your situation and defend your rights, particularly in terms of recognition and enforcement.enforcement of international judgments.

Sources

• General principles of French private international law
• Key case law (including rulings in Bulkley, de Wrède, Hainard)
• Civil Code (provisions relating to civil status)
• Code of civil procedure
• European Union regulations and applicable international conventions.