French Court of Cassation Rulings on Concubinage and Financial Solidarity Between Unmarried Partners
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Court of Cassation, concubinage, financial solidarity, de facto company, reimbursement claims, Civil Code, cassation appeal
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Abstract
Unlock the complexities of French civil law as it pertains to concubinage, exploring key court rulings and their implications on financial solidarity, property rights, and the rights of concubines. Discover how the Court of Cassation has shaped the legal landscape through landmark judgments, addressing critical issues such as damages, enrichment without cause, and the restitution of assets following the dissolution of a concubinage relationship. Dive into detailed analyses of significant cases, including those that have clarified the application of Articles 515-1, 515-2, 1382, and 220 of the Civil Code, providing invaluable insights for legal professionals, scholars, and individuals navigating the intricacies of concubinage law.
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[...] Natural obligation: when a concubine gives money for several months and is engaged and stops suddenly, moral commitment. Judgment of December 19, 2018: the Court of Cassation created the notion of a duty of conscience, unjustified enrichment not valid, a two-bedroom apartment with two loans repaid by both every month, rupture one gets fired from the apartment, the other asks for reimbursement. Unjustified enrichment is only a subsidiary solution, so it must be used as a last resort, otherwise it is inadmissible. [...]
[...] Therefore, Felicity is not required to pay bills that are not hers. QUESTION: In the context of a civil solidarity pact, the patrimonial regime is not an obligation, however it is recommended. All the more so since in the present case, the two partners hold a significant patrimony, it would therefore be safer to anticipate their patrimonial situation. The best thing being to ask a notary for advice who will guide them towards what will suit them best. In the matter of concubinage, no solidarity between concubines for household help. [...]
[...] In fact, a man under reinforced guardianship petitioned the guardianship judge in order to be able to enter into a civil solidarity pact without the agreement of his guardian. The man then filed an appeal with the Court of Appeal. The Court of Appeal refused on the grounds that, given the age difference between the two men, their relationship was more like a parent-child relationship than a couple's relationship. Thus, according to the Court of Appeal, this relationship does not fit the definition of a civil solidarity pact. [...]
[...] The first instance jurisdiction then decides to condemn the concubine to pay damages and interest. The concubine then forms an appeal. The Court of Appeal of Aix-en-Provence confirms the decision made by the first degree jurisdiction and condemns him to pay 100,000 euros in damages and interest. Thus, the concubine forms a cassation appeal. The plaintiff presents three arguments to the Court of Cassation. First, he contests the alleged 'brutality' of the break-up. The concubine had argued that he would have left her suddenly and that her entourage did not expect it at all. [...]
[...] The Court of Cassation can then wonder if the unpaid electricity bills of a concubine must be paid by the other concubine in the case of financial solidarity? The Court of Cassation answers in the negative, in effect this financial assistance is an obligation but only in the case of a marriage, only spouses must be mutually supportive of each other in the face of household expenses. In the present case, it was a matter of concubines and not spouses. [...]
