Extract
[...] Thus, the breaking off of the engagement is free. From then on, the engagement can be unilaterally broken, without engaging the civil liability of its author, but, on condition that the break is not abusive or brutal (Cass. civ. 1re March 1988, n°86-16152). In the opposite case, the author of the break engages his civil liability. Or, by virtue of Article 1240 of the Civil Code 'Any act whatever of man, which causes damage to another, obliges him by whose fault it has happened to repair it.' Thus, the engagement does not constitute a legally binding contract, but a a legal fact creating obligations of loyalty. [...]
[...] Solution In the end, the breakup of the engagement leads to the invalidation of the gifts given in view of the marriage, in accordance with the Civil Code: the cause of the gift being lacking, the goods must be returned to their author. The restitution is made in kind; failing that, in value (based on the value on the day of restitution). The customary gifts, proportionate to the means and social customs, do not fall within this regime. As a result : - The ring, of a manifestly high value, must be returned. [...]
[...] II) Does the breakup of the engagement entail the restitution of the exchanged gifts? Majeure The article 1088 of the Civil Code decides that : « Any donation made in favor of the marriage will be null and void if the marriage does not follow. From then on, the breaking off of the engagement in principle leads to the restitution of the gifts made in view of the marriage. However, case law distinguishes different cases: - the household gifts, which can be kept by their beneficiary ; - and the gifts of value or family, which must be returned. [...]
[...] The Breakup of the Engagement Case Study: Patrimonial Law: Faulty Breakup of the Engagement Recap of the Facts In this case, Laurent and Laura wish to get married. The couple thus fiancé. On this occasion, Laurent offered his fiancée a engagement ring very expensive, while Laura offered him a family heirloom : a gold cufflink. She has also contracted a loan of 10,000 euros to finance their honeymoon. Or, the eve of the wedding, Laurent suddenly decides to break off the engagement after seeing his ex-partner again. [...]
[...] The The breakup occurred the night before the wedding, without a legitimate reason, under the effect of a brutal emotional turnaround. This late and sudden decision, based on a meeting with an ex-partner, characterize a blameworthy lightness and a faulty behavior of the fiancé in the face of the previously cited jurisprudence and the elementary rules of courtesy attached to engagement: late announcement, possible public humiliation, certain disorganization and financial losses. The fiancée, who is also subjected to a material prejudice related to her loan of 10,000 ? [...]
