Caso Forgo is international an outstanding case in the matter of Straight deprived, because it gives to birth to the question of Reenvío in this area of the right.
Antecedents
Franz Xaver Forgo was Bavarian that was born like nonmarried son in 1801, when it fulfilled the age of 5 years, its mother Ana Maria Ditchl took to France to it, in specific to the locality of Pau, located in Aquitaine . Ana Maria contracted marriage with a French citizen acquiring that nationality. Forgo, meanwhile, made all their life in Pau, contracted marriage with a French wealthy, survived to him and died in 1869, to the 68 years of age, without leaving Testament nor Descendants, but generous Patrimony made up of personal property.
Bottom of the case
The litigation settled between the Ditchl marriage, relatives collaterals of the mother of Forgo and the French state treasury about the moving property left at death patrimony located in France.
The collaterals claimed the Bavarian right, their pretension was based on Codex Maximilianus Bavaricus of 1756 according to which the relatives inherited collaterals for want of descendants of the cause.
The French state treasury, represented by the Administration of Dominions, based its argumentation on which the succession was in force by the right of the place of the right address according to the French norm of conflict. As Forgo had never constituted it in France, although all their life in this country lived, were applicable the right to him from Bavaria, for being in that place where Franz Xaver Forgo had its address of right. But that was to consult the Bavarian successory right to know which was the applicable legislation. And the Code Maximiliano Bavárico, that is to say, put under the succession the law of the address in fact of the cause the Law of France. As the French civil right arranged that before the nonexistence of descendants and Spouse inherited the State treasury, some to the collaterals of the mother of the cause did not correspond to them right (the Ditchl).
Decision
The Court of Annulment of France, in sentence of 24 of June of 1878, welcoming the exposition of the French State treasury, represented by the Administration of Dominions, rejecting therefore the demand of the Ditchl marriage.