French repudiation and law and order
Divorce against repudiation
Returning in the category of qualification "
Divorce " , repudiation is subjected to the national law of the husbands (cf I. Fadlallah, Towards the recognition of Moslem repudiation in French right? Review criticizes private international law, 1981, p.17; El Husseini, French private international law and Islamic repudiation, Thesis Paris II, 1999). After some jurisprudential reserves, it from now on is acquired that repudiation, in France, could not produce any effect like opposite with the law and order. Indeed, if there exists many forms of divorce on individual request, to in no case the divorce cannot be marked if the French judge is not seized by it.
Principles of solution
Between two husbands whose personal status allows it, French jurisprudence insofar as the criteria of fastenings are mean, jurisprudence has or, a time, to appear liberal. The doctrines are however unmatched. Some authors put forward the mitigated effect of the law and order, others, like Mrs Helene Gaudemet-Heel, refuse there, in the name of the pricipe equality between the men and the women (cf disunion known couple in private international law, Recueil of the Courses of the Academy of international law, 1991, I, p. 270, n° 121 and S.). On the other hand, the repudiation required by one and accepted by the other is connected with the divorce by consent; still is needed that it is relayed, in French territory, inter alia, by the pecuniary provisions that only a judge can determine.