Court of Cassation Ruling on Marriage Annulment

Extract

[...] The Court of Cassation therefore relies on the grounds of the Court of Appeal to quash the judgment. On the other hand, the Court of Cassation raises a ground of its own motion, that is to say, it bases its decision on a ground that had not been invoked by Mrs. X. Problem of law: Can we pronounce the annulment of a marriage, between a stepfather and his daughter-in-law, celebrated without opposition more than 20 years ago Solution of the Court of Cassation: The first civil chamber of the Court of Cassation, in its judgment of 4 December 2013, quashed and partially annulled the judgment rendered by the Court of Appeal of Aix-en-Provence, under the article 8 of the European Convention on the grounds, noted ex officio, that the annulment of a marriage that has lasted more than 20 years and which was celebrated without opposition, constitutes an unjustified interference in the right to respect for private and family life of the wife. [...]

[...] Procedure: After the death of her father, Mr. Y sues his former wife, Mrs. for annulment of the marriage contracted with his father. The Court of Appeal of Aix-en-Provence, in its judgment of 21 June 2012, retains the nullity of the marriage. Mrs. X files a cassation appeal. These in presence: Motifs of the Court of Appeal: The Court of Appeal accepted the request for annulment of the marriage. It states that while the European Court of Human Rights, in a judgment - B and L v. [...]

[...] Court of Cassation, Civil Chamber December 2013, n° 12-26.066 - The Formation of the Couple - Case Summary Court of Cassation, Civil Chamber December 2013 N° of appeal: 12-26066 Facts: Mrs. X married Mr. R. the father of her ex-husband, without opposition from the latter. Mr. R. Y. made a donation to his daughter-in-law, who is also his granddaughter, in 1990 and died in 2005, leaving his only son and his wife, whom he had appointed universal legatee, to succeed him. [...]