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Re Paulhac

International Law Reports Cited in Precedent Map Related
JurisdictionFrance
Date28 février 1949
Docket NumberCase No. 126
CourtObsolete Court (France)
French Commission Superieure
Case No. 126
Re Paulhac

War — Meaning of — Combatant Forces — Resistance Movement — Acts of War.

In Re Paulhac, decided by the French Commission Supérieure de Cassation des Dommages de Guerre on February 28, 1949 (Dalloz hebdomadaire, 1949, Sommaires, p. 50), that Court held that the destruction by the French Forces of the Interior (FFI) of the house of a person wrongly suspected of being a traitor must be regarded as due to an “act of war”, since it was an episode in the struggle between the FFI and the Germans.

On the other hand, in the case of Cie d'Assurances l'Abeille Incendie v. Sermantin (ibid., 1950, Sommaires, p. 9), decided by the Court of Appeal of Montpellier on October 11, 1949, it was held that damage caused to a building occupied by the German army by members of the resistance was not due to an act of war but to an act of sabotage which, according to a Law of December 24, 1943, was covered by insurance policies even if they contained a war clause. In Cie d'Assurances La Prévoyance v. Chedeville Plassard (ibid....

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