Home > Family > France > 2007-05-22 - Court of cassation, n. 05-20.953

2007-05-22 - Court of cassation, n. 05-20.953

Family · France · Dower

Application of a common property regime and not of Moroccan law

Key facts of the case - Mr X. and Mrs Y. are both Moroccan nationals and married in the consulate of Morocco in Paris in 1981. They have always been living and working in France, where their children were born. They became French nationals in 1996 and divorced in 1999.
The court of appeal held that the spouses have a common property regime as a matrimonial regime. The husband claims that opting for the personal law as a marriage law and their submission to personal statute of Koranic law with the payment of a dower imply their will to adopt the regime of separate property.

Main reasoning of the court - The Court of cassation upholds the court of appeal ruling. The applicable matrimonial regime for marriages formed before the entry into force of the Convention of 14 March 1978 on the law Applicable to Matrimonial Property Regimes (01-09-1992) should be determined according to the first place of the matrimonial residence. Concerning the dower, this only cannot reveal an option for the Moroccan matrimonial regime. In addition, the spouses lived in France before their marriage. The applicable matrimonial regime is a common property regime.
The claim of Mr X. is dismissed.

See the decision: 2007-05-22 - Court of cassation, n. 05-20.953.