Cour de Cassation, Chambre civile 1, du 6 décembre 1988, 87-13.884, Publié au bulletin
Presiding Judge | Président :M. Ponsard |
Citation | A RAPPROCHER : Chambre civile 1, 1972-03-14 Bulletin 1972, I, n° 82 (1), p. 73 (rejet), et les arrêts cités.<br/> |
Case Outcome | Cassation . |
Counsel | Avocat :la SCP Waquet et Farge . |
Date | 06 décembre 1988 |
Docket Number | 87-13884 |
Court | Première Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin 1988 I N° 345 p. 235 |
Sur le moyen unique :
Vu l'article 14 du Code civil ;
Attendu que le privilège de juridiction édicté par ce texte, qui a pour seul fondement la nationalité française du demandeur, ne peut être tenu en échec par les règles générales de compétence territoriale lorsque celles-ci ne donnent pas compétence aux tribunaux français ;
Attendu que Mme X..., de nationalité française, a assigné en divorce devant le tribunal de grande instance de son domicile, en France, son mari de nationalité algérienne ; que l'arrêt attaqué a estimé que ce tribunal était incompétent au motif que l'article 1070 du nouveau Code de procédure civile règle en matière de divorce la compétence territoriale sans faire de distinction selon la nationalité des...
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