Home > Family > France > 1992-12-08 - Court of appeal of Paris, n. XP081292X

1992-12-08 - Court of appeal of Paris, n. XP081292X

Family · France · Religious marriage

Muslim custom pertaining to religious marriage does not produce legal effect in French law

Key facts of the case - Saïd L. and Djamila R. knew each other through an advertisement for a flat and decided to share it. Several months later they married religiously, following the Muslim custom. They broke up one month later. Said L. applies for the reimbursement of the expenses related to this engagement.

Main reasoning of the Court - At the outset, the court recalls that a religious marriage formed after the Muslim custom does not produce any legal effect in French law. It results of the facts that there has been a breach in live-in partnership and not a breach of engagement. Hence, the religious marriage could be characterized as a feast, the expenses done for cannot be reimbursed. There is no proof of a fault imputable to Djamila R., given that in live-in partnership, freedom is the rule. His claim is dismissed.