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Affirmation of the principle of ‘ibperpetuatio fori’/ib and application of the Brussels I Regulation: (Civ. 1’supbre’/supb, 13 May 2020, No 19-10.448, JCP G 2020, 754, note J.-P. Beraudo; D. 2020. 2164, note Mr Minois; ‘ibid’/ib. 1485, OBS. J.-J. Lemouland; AJDI 2020. 697; AJ contract 2020. 381, OBS. L. Pailler)

Article

French

<10670/1.uccdf2>

Abstract

"titrebSummary '/titrebViole, Articles 1 and 3 (2) of Council Regulation (EC) No 44/2001 of 22 December 2 000, the judgment which, to say the competent French court, applied Articles 14 and 15 of the Civil Code to an action seeking to challenge the deed of transfer of property for annuity, whereas the main application for annulment of the power of attorney given by an author whose consent was vitiated by insanity of mind, determined jurisdiction from the time the proceedings were instituted and fell within the material scope of Regulation No 44/2001, applicable at the time when the application was lodged, and that a rule of national jurisdiction could not be relied on against persons domiciled in another Member State of the European Union.

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