La violation du contrat au préjudice des tiers en droit international privé

The reasonings followed by the European Court of Justice and the French Cour de cassation in private international law regarding third party claims based upon the breach of a contract concluded by the defendant remain influenced by solutions of substantive law. The underlying assumption is that insofar as these claims are characterized as tort ones in substantive law -in France, the Cour de cassation adopted this solution in its famous Bootshop decision- they must be analyzed the same way in private international law. Although neglected in the classification process, the stakes of private international law reappear when it comes to implementing the applicable rules of conflict of juridictions and of conflict of laws. Some of the difficulties entailed by the implementation of the chosen rules are thereby avoided, at the risk of ascribing these rules the role of mere formal references

Le tourisme procréatif et le droit international privé

Even though it is not new, the phenomenon of reproductive tourism currently gives rise to heated debates, which scope extends far beyond academic circles. It has already sparked a wealth of doctrinal studies, whose number has increased in recent months, in parallel with case law developments. These studies address on the one hand problems of substantive law entailed by reproductive tourism, such as the contemporary notion of filiation, the rights of the surrogate mother and of the child or the role ascribed to individual will under contemporary Law. They also tackle, on the other hand, private international law issues. However, on this front, things remain relatively complex and obscure, as evidenced by the controversies relating to fraud : some authors take it for obvious, while others view it as non-existent. Those controversies are not surprising : procreative tourism raises issues that are thorny, diverse and nonetheless interrelated. In particular, it poses again the crucial question of the apprehension by private international law of vested rights. In this context, this study aims at clarifying the answers offered by private international law to the difficulties stemming from reproductive tourism