Private international law
A judgment handed down in Uruguay or Spain, a marriage celebrated abroad, a debtor based in another country: as soon as a foreign element appears, the rules change. Maître Carolina ALVAREZ PEGORARO, a lawyer in Lyon admitted to the Lyon and Uruguay bars, answers the three key questions of private international law:
She handles in particular exequatur and the recognition of foreign judgments.
Exequatur
A foreign decision is not automatically enforceable in France. To seize property, a bank account or wages on the basis of a foreign judgment, you generally need to obtain exequatur.
The application is brought before the judicial court. The judge does not re-examine the merits of the case. Three conditions are checked:
Within the European Union, several regulations, including the Brussels I bis Regulation in civil and commercial matters, have abolished exequatur: the decision circulates with a certificate. For a decision issued in a non-EU country, particularly in Latin America, exequatur proceedings are generally still required, subject to applicable international conventions.
Her command of Spanish and English allows Maître ALVAREZ PEGORARO to analyse Spanish- and English-language decisions directly, even before their official translation.
Recognition
Not every foreign decision aims to enforce an order. Many concern personal status.
A divorce or parentage decision issued abroad can have certain effects in France without prior proceedings, provided it meets the conditions of regularity. A procedure becomes necessary, however, when an authority or a third party disputes the decision, or when enforcement is contemplated.
Your lawyer identifies the safest route: action for opposability, recognition or exequatur.
Conflict of laws
Before starting proceedings, you must determine the court with jurisdiction and the applicable law. A mistake at this stage can jeopardise the whole case.
| Situation | Key question | Rules often involved |
|---|---|---|
| Divorce of a binational couple | Which court, which law? | Brussels II ter Regulation, Rome III Regulation |
| International matrimonial property regime | Which law governs the couple's property? | 2016 EU Regulation on matrimonial property regimes |
| Estate with assets abroad | Which law applies to the estate? | EU Regulation on international successions |
| Cross-border contract dispute | Which court and which law? | Brussels I bis Regulation, Rome I Regulation |
Maître ALVAREZ PEGORARO applies these rules to your specific situation to recommend the most protective strategy.
Dual culture
Private international law requires an understanding of several legal systems at once.
FAQ
Answers to the most frequent questions about cross-border cases.
As a rule, it must first go through exequatur proceedings before the judicial court, subject to any conventions between the two countries.
Yes. In practice, French courts require a French translation by a sworn translator.
It is a formality that authenticates a foreign public document between the States party to the Hague Convention of 5 October 1961. Outside that framework, legalisation may be required.
The length depends on the court, how complete the file is and whether the other party objects. A complete file from the start saves valuable time.
Other practice areas
A situation often involves several branches of law. Maître ALVAREZ PEGORARO can also assist you in the following areas:
Criminal law: your criminal lawyer in Lyon assists you in police custody, when filing a complaint or when joining proceedings as a civil party.
Immigration law: your immigration lawyer in Lyon assists you with residence applications, administrative detention and administrative appeals.
Family law: your family lawyer in Lyon handles divorce, child custody, parental authority and child support.
Employment law: your employment lawyer in Lyon advises you on a mutual termination agreement or on contesting a dismissal.
To learn more about your rights, read our legal articles. A question about your case? Book an appointment with your lawyer.
Testimonials
Between two countries, they found support tailored to their needs.
Un service irréprochable, à l’écoute et professionnel. L’équipe a su comprendre exactement nos besoins et livrer un résultat au-delà de nos attentes. Je recommande vivement !
Excellent accompagnement du début à la fin. Communication fluide et délais respectés.
Très bonne expérience, je reviendrai sans hésiter. Merci pour votre réactivité !
Find us
Maître Carolina ALVAREZ PEGORARO sees clients by appointment at her office on rue de la Part-Dieu, in Lyon's 3rd arrondissement. Below you will find useful information to plan your visit.
Carolina ALVAREZ PEGORARO
