Court of Appeal Dismisses Request Regarding Liberalities to Succession

Extract

[...] In the opposite case, in the absence of such remuneration, the wife would have participated in the enrichment of her spouse without being able to receive the benefits arising from her collaboration. The generosity shown by the husband to his wife in compensation for her collaboration is said to be remunerative in that it remunerates this collaboration. They therefore do not have in reality the status and do not follow the regime of generosity: they must not be reported to the succession, which means that they do not reduce the wife's share in the succession of her husband. [...]

[...] Analysis: Article 214 of the Civil Code provides for the contribution to the expenses of the marriage that the members of the couple must make according to their respective means if no marriage contract regulates the terms. The execution of this contribution can be made in kind or in money. The execution in kind can therefore be understood as the collaboration of one of the spouses in the professional activity of the other. However, this professional collaboration can exceed the contribution to the expenses of the marriage due by the spouse C This is notably what the first civil chamber of the Court of Cassation recalls in its judgment of 8 February 2000. [...]

[...] - Case summary Facts : After a first marriage and the birth of eight children, M.X married Mme Y in second marriage under the regime of separation of assets, which was later modified to a community regime with attribution of the entirety of the assets to the surviving spouse. During this marriage, Mme Y assisted her husband in the management of his business. M.X gifted his second wife several liberalities that allowed her to acquire various assets. Procedure : After the death of their father, the children from the first marriage (consorts X.) sued M.Y so that she would be condemned to report the various liberalities to the succession. [...]

[...] The first instance dismisses (confirmatory judgment) their request, they appeal, the Court of Appeal confirms in a judgment of November the first judgment. Dissatisfied with this decision, the consorts X form a cassation appeal. Theses in presence: Motifs of the Court of Appeal : The Court of Appeal dismisses the consorts X's request regarding the report of the liberalities to the succession of the deceased husband on the grounds that many attestations established the effective aid provided by the wife to her husband's business, and that this activity went far beyond her obligation to contribute to the expenses of the marriage; this unpaid collaboration was the cause of the disputed payments. [...]