Home > Family > France > 1997-12-02 - Court of cassation, n. 95-20.026

1997-12-02 - Court of cassation, n. 95-20.026

Family · France · Dowry · Religious marriage

Application of the matrimonial regime of Muslim religious marriage

Key facts of the case - Mrs X., a Polish national married Mr Y., a Lebanese national, in Lebanon. Mrs X. seeks the annulment of the marriage. The litigation pertains to the applicable matrimonial regime. She claims that the court of appeal wrongly held that they were submitted to the regime of separation of property in Muslim law. She sustains that they did not choose it since it is imposed by the Lebanese law. In addition, her consent had been vitiated.

Main reasoning of the court - The Court of cassation observes that during their marriage, pursuant to Muslim law, the spouses had signed a contract implying the separation of property with a dowry clause and that they had exchanged the legal forms of acceptation and consent. The court holds that the court of appeal rightly decided that the spouses deliberately chose their matrimonial regime. The claim of Mrs X. is dismissed.