JURITEXT000006952652 Généré par l'IA

Spousal Consent Required for Property Sale Voidability

Numéro de cause JURITEXT000006952652

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-02-24

Issue du litige Admis (Allowed)

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Synthèse Legislator

Généré par l'IA

A contract for the sale of property, concluded without the signature of one spouse, was held to be voidable by that spouse, despite the fact that the contract was presented as a simple sale and the property was not registered as a family home, because the law requires the consent of both spouses for the alienation of community or jointly owned property, and the failure to obtain this consent constitutes a ground for annulment, which can be invoked by the non-consenting spouse.

Regeste Legislator

Généré par l'IA

Spousal Consent Required for Property Sale Voidability: A contract for the sale of property, concluded without the signature of one spouse, was held to be voidable by that spouse, despite the fact that the contract was presented as a simple sale and the property was not registered as a family home, because the law requires the consent of both spouses for the alienation of community or jointly owned property, and the failure to obtain this consent constitutes a ground for annulment, which can be invoked by the non-consenting spouse.