French Civil Law: Concubinage, Divorce, and Filiation

Extract

[...] Thus, in the absence of contractual stipulations, a creditor cannot turn against the concubine of their debtor to settle their debt. In this case, Daenerys did not pay for her dragons' dog food and the creditor is claiming payment from Daario. However, Daario being only the concubine of Daenerys, he is not held responsible for the debts contracted by the latter. Thus, the creditor will not be able to claim payment from Daario for these dog food. II. Case No. [...]

[...] Beyond these indices, Article 311-2 of the Civil Code imposes that possession of state must present a certain number of characteristics to produce effects, namely a continuous character (possession of state must be habitual and span a long period), peaceful (exempt from all vice and fraud), public (relations must not be clandestine) and non-equivocal (the behavior of the alleged parent must not be ambiguous). In this case, Sam raised Randyll as if he were a child and, in the eyes of his entourage, he was considered the father of this child. The possession of state can therefore be established VIII. [...]

[...] In this case, Sansa left the conjugal home to escape her husband who was beating and raping her. These acts can be seen as a grave and repeated violation of the duties and obligations of marriage that make it intolerable to maintain common life. In addition, these acts can be imputed to her husband Ramsay who has full possession of his means. Sansa will be able to request a divorce for fault at the exclusive fault of her husband Ramsay. B. [...]

[...] Therefore, she was able to validly request Daario to leave her palace. IV. Case No. 4 : Nullity of Marriage and Vice of Consent - Error on Essential Qualities Marriage has a contractual and consensual nature in the sense that it is necessary for there to be an agreement between the spouses. This explains that the vices of the consent of one spouse are a source of nullity of the marriage in accordance with Article 180 of the Civil Code. Thus, the error of the spouse who was mistaken or the fear of the one who was subjected to pressure to give their consent to the union can justify the nullity of the marriage. [...]

[...] The proof of biological truth can be established by any means, in particular by biological expertise. The case law of the Court of Cassation, concerned with the rights of children to know their parents, has recalled in several decisions handed down on November May and July the principle according to which "biological expertise is a matter of right in matters of filiation, unless there is a legitimate reason not to do so". It is therefore up to the judge to exercise control over the legitimacy of the action. [...]