Key facts of the case - After their civil marriage, the spouses were religiously married according to the Mosaic Law. They then divorced and the husband refused to deliver the get to his wife. She brought an action for damages and applied for her former husband to be enjoined, under penalty payment, to deliver the get.

Main reasoning of the case - The court of cassation holds that the delivering of the get constitutes for the husband a simple option deriving from his freedom of conscience. Hence, abuse of this simple option can give rise to damages only and not to injunction under penalty payment.

See the decision: 1990-11-21 - Court of cassation, n. 89-17.659.