Read the following excerpt from the decision of the Court of Appeal of Algeria (French Protectorate) on December 24, 1889 (Anton v. Rosa Bartholo).
Background: Bartholo Husbands (Maltese nationals) were married in Malta, without a marriage contract. After their marriage, François Bartholo set in Algeria (France), which acquires real estate. On the death of her husband, having children without marriage, his inheritance dispute arises between the heirs of the husband and the widow, considering the rules in force in France and Malta, respectively. On the one hand, the code in force in Malta Rohan subjected to married couples without capitulation to a regime of legal community (Art. 18) and attributed to the spouse in need supértite quarter of the assets of the predeceased (Art. 17) in the case of absence of children. Moreover, French law then in force, did not recognize any right of succession to the surviving spouse. Subject to French law on matrimonial property regime to the right of the marital home (Malta) and succession to the right of the location of the property (Algeria).
The widow claimed, plus half of community property, the usufruct of the fourth part of the property as compensation.
The Court of Algiers, after other considerations, says:
'WHEREAS, moreover, that the terms of Section 18 only applies in this case, are explicit, that their terms are that "half of the property acquired during marriage belong of right to the surviving spouse or heirs, and that those terms "full" are clearly determining their property rights, that this item is also located in the title of marriage and the conjugal partnership and not in the chapter on the succession, to be decided, therefore, that the widow Bartholo supports its action in women's rights to community property and that the law of 14 July 1819 on the transmission of foreign sequences it is not enforceable.
Decides that the action of the widow Bartholo is based in the community right conferred by art. Rohan 18 of the Code and the Act of July 14, 1891 is not enforceable "
short answers:
1) ; what law was applicable in this case if it was understood that was a question of succession? What practical result was achieved?
2) What law was applicable in this case if it was understood that was a matter arising from the regime of property in marriage? What practical result was achieved?
3) What solution to the problem of qualification considered more suitable for this case? Why?
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