Home > Family > France > 1994-12-12 - Court of cassation, n. 92-17.098

1994-12-12 - Court of cassation, n. 92-17.098

Family · France · Divorce · Get

The unjustified refusal to deliver the get amounts to a fault

Key facts of the case - After their divorce, the husband refused to deliver a letter of repudiation, the get, to her wife, preventing her from marrying again religiously. The court of appeal of Versailles had condemned the husband to pay damages. Before the Court of cassation, the husband argues that the harm resulting from the impossibility for his wife to remarry religiously does not amount to abuse of rights.

Main reasoning of the court - The Court of cassation upholds the decision of the court of appeal. The court notes that the husband had been called before the rabbinic court in vain and provides no explanation on his refusal to deliver the get. This behaviour, which prevents his wife from remarrying, causes important harm to her. Accordingly, the court of appeal rightly qualified this behavior of fault, in application of Article 1382 of the civil code. The court of cassation rejects the payment of damages to the wife.

See the decision: 1994-12-12 - Court of cassation, n. 92-17.098.