The first issue of the Journal du droit international for 2020 has just been released. It contains two articles and several casenotes relating to private international law.
In the first article, Johanna Guillaumé (University of Rouen) explores the obligation of notaries to apply rules of private international law (L’office du notaire en droit international privé).
The English abstract reads:
The notary is more and more confronted with the presence of foreign elements and, consequently, with the implementation of conflict of law rules. Studies generally focus on the content of these rules and how they are to be implemented. However, this presupposes the resolution of a preliminary question : Is the notary obliged to implement the rules of private international law ? This is the question of the notary’s obligations when faced with a foreign element. No text provides an answer to this question. Case law is also very rare. The article attempts to define the office of the notary in private international law. The analogical approach is first taken, in order to see whether the obligations of the judge or the office of the civil registrar, which are better defined, can be extended to the notary. As the notary does not exercise the judicial mission of the former and does not have the bureaucratic dimension of the latter, the answer is negative. Therefore, only a functional approach can define the obligations of the notary in private international law, that is, an approach which takes into account the obligations that characterize the notarial activity : the obligation to draw up legal and effectives deeds on the one hand, and the obligation to issue instruments on the other. What is the scope of these obligations if there is a foreign element ?
The second article, authored by Guillaume Kessler (University of Chambery), discusses the evolution of the private international law of parentage in new family configurations (Le droit international privé à l’épreuve du renouveau de la filiation).
The abstract reads:
In recent years, parentage law has been undergoing a disruption due to the combined effect of major social and technological developments that have led to the emergence of new family configurations such as co-maternity, multiple parenthood, surrogate motherhood, parentage without sexuality or same-sex adoption. French private international law has not yet really taken note of this renewal and continues to be based on rules that were already open to criticism in their time and that can now be considered obsolete. A change of connecting factor, with a preference given to the law of domicile rather than that of nationality, would be a first step towards resolving some of the difficulties created by this ongoing revolution. The development of the recognition when the status has been established abroad would be a second one. However, the importance of the issue and the complexity of the problems may require an even more radical methodological change and make it necessary to strengthen international cooperation in an area that might seem resistant to multi-state agreements.
In the first article, Johanna Guillaumé (University of Rouen) explores the obligation of notaries to apply rules of private international law (L’office du notaire en droit international privé).
The English abstract reads:
The notary is more and more confronted with the presence of foreign elements and, consequently, with the implementation of conflict of law rules. Studies generally focus on the content of these rules and how they are to be implemented. However, this presupposes the resolution of a preliminary question : Is the notary obliged to implement the rules of private international law ? This is the question of the notary’s obligations when faced with a foreign element. No text provides an answer to this question. Case law is also very rare. The article attempts to define the office of the notary in private international law. The analogical approach is first taken, in order to see whether the obligations of the judge or the office of the civil registrar, which are better defined, can be extended to the notary. As the notary does not exercise the judicial mission of the former and does not have the bureaucratic dimension of the latter, the answer is negative. Therefore, only a functional approach can define the obligations of the notary in private international law, that is, an approach which takes into account the obligations that characterize the notarial activity : the obligation to draw up legal and effectives deeds on the one hand, and the obligation to issue instruments on the other. What is the scope of these obligations if there is a foreign element ?
The second article, authored by Guillaume Kessler (University of Chambery), discusses the evolution of the private international law of parentage in new family configurations (Le droit international privé à l’épreuve du renouveau de la filiation).
The abstract reads:
In recent years, parentage law has been undergoing a disruption due to the combined effect of major social and technological developments that have led to the emergence of new family configurations such as co-maternity, multiple parenthood, surrogate motherhood, parentage without sexuality or same-sex adoption. French private international law has not yet really taken note of this renewal and continues to be based on rules that were already open to criticism in their time and that can now be considered obsolete. A change of connecting factor, with a preference given to the law of domicile rather than that of nationality, would be a first step towards resolving some of the difficulties created by this ongoing revolution. The development of the recognition when the status has been established abroad would be a second one. However, the importance of the issue and the complexity of the problems may require an even more radical methodological change and make it necessary to strengthen international cooperation in an area that might seem resistant to multi-state agreements.
A full table of contents can be downloaded here.
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