Concubinage and Nullity of Marriage

Extract

[...] The claim for damages and interest is conditional upon the demonstration of a fault of the concubine which requires the demonstration of a fault, a prejudice and a causal link for the application of Article 1240 of the Civil Code. The freedom of marriage results from the combination of Articles 2 and 4 of the Declaration of the Rights of Man and of the Citizen of 1789 which is part of the constitutional block. Also, no provision of the Civil Code regulates the engaged who then fall under the regime of concubinage. [...]

[...] Concubinage, nullity of marriage and vice of consent - Rules of law and legal problem I. Case N° Concubinage - Household Solidarity Does the relationship between concubines entail household solidarity? Article 515-8 of the Civil Code provides that: « Concubinage is a de facto union, characterized by a common life presenting a character of stability and continuity, between two people, of different sexes or of the same sex, who live as a couple. Therefore, there is no obligation of material assistance, nor contribution to the charges of common life, nor household solidarity or mutual representation or right of succession except for a concubinage agreement relevant to the general regime of obligations. [...]

[...] Articles 180 to 184 of the Civil Code define the causes of relative and absolute nullity of marriage. The error on essential qualities falls under Article 180, paragraph 2 of the Civil Code. The complexity lies in the evaluation of what is considered essential: the interpretation will be made in an objective manner, i.e., by detaching oneself from the particular circumstances. The error concerning essential qualities must have been decisive. Only the spouse whose consent was altered can bring an action for nullity, but this action can be transmitted to the universal heirs. [...]

[...] Before the law of 15 November 1999 authorizing homosexual concubinage, the Court of Cassation had been able to rule that « concubinage can only result from a stable and continuous relationship, having the appearance of marriage, therefore between a man and a woman. c. Succession The concubinage relationship can result from an adulterous marital relationship. The jurisprudence of the Court of Cassation allows an adulterous married testator to designate his concubine mistress, universal legatee, considering that « is not null as having a cause contrary to good morals the liberality given on the occasion of an adulterous relationship» (Ass. Plén October 2004). [...]

[...] In the case of a third party who would have caused the death of one of the concubines, the rupture here results not from a fault of a concubine but from a fault of a third party. However, this fault is analyzed in light of Article 1240 of the Civil Code previously mentioned. Also, in this case, the jurisprudence of the Court of Cassation has ruled that the concubine's survivor's compensation is conditional upon the demonstration of two conditions. The concubinage must be stable and not be delictual. (Mixed February 1970) b. [...]