El Case Forgo is a /// outstanding in the field of right international private, because it gives nacimiento to question of forwarding in this area of the right.
Background
At the year and we will announce 1801, in Bavaria, State Federal Republic of Germany was born Franz Xaver Forgo, the fruit of a union spirit of its mother, Mrs. Ana María Ditchl, who at the edad At the age of 5 he was taken to live in France, specifically in the town of Pau, located in Aquitaine, a place where he never met the necessary requirements acquire un customer's home, as seen here It was established by the legislation French. Later, Mrs. Ana Maria Ditchl contracted wedding with a citizen French acquiring her the nationality French
Franz Xaver Forgo did all his Life in Pau and contracted wedding with a wealthy French woman. He died in 1869, at the age of 68. edad. When he died he had no wife no descendants, only collateral relatives on the side mother. At the time of his death, Forgo left no will, but yes a substantial one . composed goods furniture.
Background of the ///
El litigation was established between the wedding Ditchl, collateral relatives of the mother of Forgo and the revenue authorities French around the . relic furniture located in France.
- The collaterals invoked the right Bavarian, his claim was based on the Codex Maximilianus Bavaricus of 1756 according to which collateral relatives inherited lack of descent from the cause.
- El revenue authorities French, represented by the Administration of Domains, based its argumentation in which the succession was governed by the right from the place of customer's home right according standard de conflict French. As Forgo had never established it in France, even though he lived his entire Life in this country, the following was applicable to him: right from Bavaria, because that was the place where Franz Xaver Forgo had his customer's home right. But that it was necessary to consult the right Bavarian succession to know which rd la legislation applicable. And the Code Maximilian Bavarian subdued the succession to law of the customer's home in fact of the cause, that is, the Act from France. As the right civil French provided that in the absence of descendants and spouse inherited the Revenue authorities, it was not their turn right some to the collaterals of the mother of the cause (the Ditchl).
Decision
La Cutting de Cassation from France, in sentences of June 24, 1878, accepting the approach of the Revenue authorities French, represented by the Administration of Domains, thus rejecting the demand of the wedding Ditchl.
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