Arrêt Sahyouni (2017) holds that Rome III and Brussels IIter do not apply to ‘divorces privés’ (religious) lacking public authority. Which instrument must apply instead?

Prepare for the DIPR Jurisprudence Test. Utilize flashcards, multiple-choice questions, and comprehensive explanations to enhance your understanding and readiness for the exam.

When a divorce is conducted by a religious authority without any public, state-backed authority, the EU instruments that usually govern such cases rely on having a civil or public process. Rome III and Brussels IIter don’t apply here because they presuppose some form of public authority or civil procedure to give effect to the divorce. In Sahyouni, the rule is that the applicable regime is found in the national private international law framework, specifically CODIP Article 57. This provision handles the recognition and effects of religious divorces that lack public authority, providing the domestic rules that determine how such a divorce is treated, recognized, and what consequences it has under national law. So, the instrument that must apply in this scenario is CODIP, Article 57, as it fills the gap left by the absence of public authority and EU instruments.