Cass. civ., March 1st 2019, n. 6161

In order to be able to verify the compliance of a divorce order, issued by a Palestinian Tribunal with the public policy limit (ordre public), it is necessary to assess the Palestinian law “n. 3/2011”, regulating the divorce between the spouses, with specific regard to the profiles related to:

a) the jurisdictional nature of the Sharia Court;
b) the presuppositions of the repudiation by the husband;
c) the existence of a corresponding capacity of repudiation for the wife;
d) the guarantee of the respect of the adversarial procedure and the right of defense in the procedure;
e) the subject matter of the investigation reserved to the Sharia Court.
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