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Home > Family > France > 1985-06-05 - Court of cassation, n. 84-11.088

1985-06-05 - Court of cassation, n. 84-11.088

Family · France · Divorce · Get

Wrongful refusal to deliver the get

Key facts of the case - Both spouses are Jewish. They divorced but the husband refuses to deliver the get, preventing his wife of the possibility to religiously marry again. The wife brought an action for damages. The court of appeal of Angers decided that the wife did not prove the malicious intent of her husband and rejected the application.

Main reasoning of the court - The Court of cassation overturns the previous ruling. It deems that the court of appeal was wrong by holding that the refusal of the husband was not wrongful.

See the decision: 1985-06-05 – Court of cassation, n. 84-11.088.