Case:
D.1999.267 Case Mme X v. M. Y
Date:
03 February 1999
Note:
Translated French Cases and Materials under the direction of Professor B. Markesinis and M. le Conseiller Dominique Hascher
Translated by:
Tony Weir
Copyright:
Professor B. S. Markesinis

D.1999.267
Case Mme X v. M. Y

In view of articles 1131 and 1133 Code civil:

Given that the cause for a gift is not immoral just because its purpose is to maintain an adulterous relationship with the donee;

Given that in his will dated 17 March 1989 Roger Y., who died on 26 October 1989, leaving as heirs his spouse and adopted son, M. Christian Y, first revoked all intramarital donations and disinherited his wife and then bequeathed 500,000 francs to Mme X., a disposition which M. Christian Y. alleges to be based on a cause which is incompatible with good morals;

Given that the court of appeal declared the gift to Mme X. void on the ground that the sole purpose of this testamentary disposition was to continue and maintain a relationship which had only just begun;

Given that in so holding the court of appeal violated the texts cited above;

For these reasons QUASHES the decision of the Court of Appeal of Paris dated 20 November 1995 and remands the matter to a different division of that Court.

 

Back to top

This page last updated Thursday, 15-Dec-2005 09:05:51 CST. Copyright 2007. All rights reserved.