Reference

In a general way, in Civil procedure, penal or administrative, a reference are a decision taken by a Juge, generally at the request of the part to the lawsuits, so that a business is evoked with a later audience when the file is not in a position to be pled.

In private international law

The reference , in private International law, is a legal mechanism according to which the Juge seized of a litigation that the French right orders to slice according to a foreign Loi does not apply only the Droit intern of this country but also takes into account the rules of Conflit of law of this country which possibly indicate the application of the right of a third country in which case the judge returns towards this right and bases its decision on this one.

For example, let us suppose an international litigation that the French right would attach to the German law and that the German right would attach to the English law, this right last indicating itself qualified, the seized French judge should in fine apply the English law since the German right that the French right indicates returns there. If the reference had not been admitted by the French right then the French judge would have to apply the provisions interns German.

The reference poses many problems and is not often allowed. The French right admits the reference since the Forgo judgments handed down by the Court of appeal the June 24th, 1878 and February 22nd, 1882 which extremely opportunely allotted the succession of a German national at the French State. Admission of the reference in France east thus of jurisprudential origin just like a big part of the private international law.

One distinguishes the reference with the first degree which returns to the State of the for and the reference with the second degree which returns to the right of a third country, one is unaware of if this last type of reference is allowed in France but that is probable. The assumptions of references beyond the second degree concern the speculation.

With the Canada

The reference is a procedure by which the federal government returns right or issues of fact that he considers important with the Supreme court of Canada for hearing and examination. This procedure makes it possible to submit questions to the Court concerning in particular:
  • the interpretation of the constitutional Laws;
  • constitutionality or the interpretation of a federal or provincial legislative text;
  • powers of the Canadian Parliament or the legislatures of the provinces, or their respective governments.

See too

  • prejudicial Reference

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