“Legal actions limited to jurisdiction, applicable law, or the validity of a legal situation arising abroad: toward a revival of declaratory actions ?”

Wealth Management Engineering, No. 1, January 2026, JFA Publishing

Bringing before a court a claim relating exclusively to questions of jurisdiction, applicable law, or the validity of a legal situation arising in a foreign jurisdiction is a long-established practice whose judicial implementation currently requires navigating several procedural hurdles under existing legislation, notwithstanding the considerable utility of such declaratory relief.

Beyond the limited scenarios recognised by settled case law, Article 135 of the Draft Private International Law Code would afford an opportunity to introduce, within the Code of Civil Procedure, a dedicated provision governing declaratory actions in private international law — not only with a view to securing legal certainty, but also to advancing procedural efficiency.