The University of Texas at Austin   School of Law

Main menu:

Case:
D. 2004, no. 5, 295 Case Civil solidarity pact
Date:
23 May 2003
Translated by:
Tony Weir
Copyright:
Professor B. S. Markesinis

D. 2004, no. 5, 295
Case Civil solidarity pact

23 May 2003

Given that the law of 15 November 1999 on the civil solidarity pact provides that the parties to such a pact must make a joint declaration at the office of the tribunal d’instance of their intended place of residence and that in order for the act to be registered they must also submit the documents needed to establish the validity of their agreement, in particular their birth certificate and other probative items; that under article 1 of the decree of 21 December 1999 mentioned above the officer of the tribunal d’instance is to decline registration if these conditions arenot met;

Given that in view of the nature of the civil solidarity pact and the function of the officer to whom such a declaration is presented his decision that thepact cannot be registered is not an administrative act on which the administrativetribunals can rule, and that the same is true of the personnel in embassies andconsulates acting under article 11 of the same decree, and that therefore thecomplaints of M. X who sought to make a declaration of a civil solidarity pactat the French Embassy in Thailand cannot be accepted;

On the implicit refusal of the French Embassy to effect a translation into the Thai language of the list of civil documents required for the registration ofa civil solidarity pact:

Given that no law, regulation or principle requires the personnel of embassies and consulates to accede to such a demand, and that therefore on no basis canM. X demand the annulment of their implicit refusal to do so;

Article1: The complaints of M. X regarding the letter of 18 October 2001 aredismissed as being laid before a body without jurisdiction to entertain them;

Article 2: The other complaints are rejected…

Back to top

This page last updated Friday, 30-Sep-2005 17:17:06 CDT. Copyright 2007. All rights reserved.