What Changed
- Release of Issue 2026/3 of the Revue critique de droit international privé online.
- Critical review of 2025 French migration case law regarding judicial presumptions of foreign status.
- Proposal of a legal mechanism to address statutory gaps in French-German cross-border estate cases caused by CJEU interpretation of Article 1371(1) BGB.
The third issue of the Revue critique de droit international privé for 2026 has been released online, providing scholarly analyses of private international law, migration jurisprudence, and cross-border estate regimes. The issue affects legal researchers, cross-border practitioners, and legal professionals dealing with French and German legal interactions.
**Imperial History and Private International Law**
The volume opens with a presentation of Prof. Lauren Benton's book, They Called It Peace: Worlds of Imperial Violence, alongside a French translation by Ms. Maia Baciu of its first chapter, From Small Wars to Atrocity in Empires. The work examines the historical colonial roots of private international law, jurisdictional jurisprudence, and the role of law amidst the contemporary resurgence of empires.
**French Migration Law and Presumptions of Foreign Status**
The issue includes a yearly case-law review titled The Law of Foreign Nationals and Its Presumptions: Selected Reflections on the 2025 Case Law on Migration, authored by Prof. Thibaut Fleury Graff and Dr. Inès Giauffret. The article analyzes 2025 French migration case law, critically evaluating how administrative constraints give rise to rules and presumptions concerning foreign status, the validity of foreign documents, and their implementation or rebuttal in judicial practice.
**Interactions Between French Inheritance Law and German Matrimonial Property**
Prof. Michael Sonnentag analyzes the friction between French succession law and the German statutory matrimonial property regime under Article 1371, paragraph 1, of the German Civil Code (BGB). The Court of Justice of the European Union (CJEU) interprets the automatic one-quarter increase of a surviving spouse's inheritance share under this provision as a matter of succession law. When French inheritance law applies, this succession classification creates a gap under German law. Prof. Sonnentag proposes applying Article 1371, paragraph 1, despite its succession classification to safeguard the rights of the surviving spouse.
The publication also contains eight case notes and four book reviews. Doctrinal parts are scheduled to be published in English on the editor's website for registered users and institutions.
Who May Be Affected
Legal professionals, doctoral researchers, administrative practitioners, and cross-border estate planners in France, Germany, and the wider EU.
Cross-Border Context
The publication examines cross-border interactions between French inheritance law, German matrimonial property regimes under the BGB, and CJEU jurisprudence.
What to check next
- Check the publisher's website for the forthcoming English translation of the doctrinal section.
- Access the full table of contents and articles via Cairn or the editor's website.
This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.