Home > Family > France > 2011-01-27 - Court of appeal of Paris, n. 10/04793

2011-01-27 - Court of appeal of Paris, n. 10/04793

Family · France · Kafala

A lawful Moroccan court decision ordering a kafala has to be granted the exequatur in France

Key facts of the case - The plaintiff had applied for the exequatur of a Moroccan court in charge of minors entrusting her with a child through a kafala. The Court of Bobigny (TGI) rejected the proceeding.

Main reasoning of the court - The Court of appeal of Paris overturns the Court of Bobigny’s judgment. Indeed, it holds that a foreign court decision can produce full effect in France only if it is in proper form and has been delivered pursuant to the French international private law rules and those embedded in the applicable existing international conventions as it is the case here.
In the case at hand, article 21 of the French-Moroccan convention for judicial mutual cooperation, judgments exequatur and extradition of the 5 October 1957, is applicable and provides the list of the pieces that must be added to the application for the execution of a Moroccan judicial decision.
The Court of appeal states that all the required pieces have been produced by the plaintiff. In addition, the Moroccan court was competent with regard to the French international law to grant the kafala and was not contrary to French international ordre public.
Lastly, the judgment meets all the conditions entrenched in the above mentioned convention of 1957. Hence, the Court of appeal of Paris orders the Exequatur of the Moroccan decision.