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Agent Judiciaire du Trésor v. Kansara Mahendra

France.  09 October 1987 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State responsibility — Tort — Foreign armed forces — Road accident caused by army vehicle — Injured party resident in receiving State but national of third State — Claim for damages brought against sending State in courts of receiving State — Award of damages — Enforcement of judgment in courts of sending State

Jurisdiction — Territorial — Foreign armed forces — Road accident caused by army vehicle — Claim for damages brought by injured party in receiving State — Enforcement of judgment awarding damages in courts of sending State

States — Waiver of rights — Estoppel — Claim against foreign State before municipal courts — Irregular representation of foreign State — Failure of foreign State to raise irregularity during the proceedings — Whether foreign State thereby loses the right to invoke such irregularity in later proceedings for enforcement of the judgment before its own courts

State succession — Continuity of the law — Accession of Djibouti to independence in 1977 — French colonial decree concerning representation of the French State before courts in overseas territories — Whether continuing in force after accession to independence — The law of France

Type
Case Report
Copyright
© Cambridge University Press 1992

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