The Position of Foreign States before National Courts: Chiefly in Continental Europe

By Eleanor Wyllys Allen | Go to book overview

THE POSITION OF FOREIGN STATES
BEFORE FRENCH COURTS

CHAPTER I
JURISDICTION OVER FOREIGN STATES AND SOVEREIGNS

IN France the principle of the immunity of foreign states from the jurisdiction of domestic courts, and the freedom of their property from seizure has received broad application. As regards the French government, the system of administrative courts, notably the Conseil d'Êtat, affords a happy method of reconciling a theoretical independence of judicial control with a practical means of seeing justice done, even when the state is the offender. This system, however, is not applied to foreign states, one reason being that such states have no similar jurisdiction to offer in return.

Attitude of Courts to French Government

The efforts that have been made to bring suits against foreign governments, in derogation of the international-law principle of independence and equality, have for the most part been founded upon Article 14 of the Code civil, which permits suits in French courts against foreigners, even non-residents, for the enforcement of obligations contracted at home or abroad with a Frenchman. This provision was extended by the lower tribunals so as to bring foreign states within the judicial competence of the French courts, although it was recognized that even as applied to individual foreigners it constituted an exception to the general rules for determining the limits of a state's jurisdiction. On January 22, 1849, the Court of Cassation definitely settled this point, holding that the article in question was not applicable to a foreign state, which could not be subjected against its will to the jurisdiction of French courts.

Competence vis-à-vis Foreign State

Before this decision by the Court of Cassation, several judgments had been rendered to the same effect by inferior

Decisions of Lower Courts Prior to 1849

-149-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Position of Foreign States before National Courts: Chiefly in Continental Europe
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 354

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.