Caso Bauffremont is international a paradigmatic case in Straight deprived by Fraud to the law in the matter of Nationality .

Antecedents

Princess was one of origin Belgian that went away to live to France, where it knows prince Bauffremont, with that contracts Marriage . In 1874 " princess Bauffremont " obtains in Gallic Country the personal separation because of perverse habits of this one.

Because the French law did not admit Divorcio, the countess of Charaman Chimay moves to Germany (that yes accepted the divorce), becomes naturalized German and invoking its German nationality obtains from the German court the conversion of his Separation in fact to divorce, and contracts new marriage with the Rumanian prince Bibescu, obtaining the Rumanian nationality .

Bottom of the case

Passed the time prince Bibiescu she is destined France, reason why it returns to that country like " princess Bibescu ". The Duke of Bauffremont solicits before the French courts who declare Bigamy of ex- " princess Bauffremont " accepting, the German nationality of the princess, the sentence of divorce obtained in Germany and the validity of the second marriage, arguing that the change of nationality had by reason solely to take refuge in the German law (benefitted that it) and to defraud to the French law (harmed that it).

Decision

The Court of Annulment of France in Sentencia of 18 of March of 1878 solved not to declare null the German naturalization, to consider it a question reserved to the sovereignty of the national States, but it gives rise to the pretensions of Bauffremont, with respect to the divorce to tie and of the second marriage, indicating that both were not valid in France.
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