Prenuptial Agreement Governs Revocation of Spousal Donation Over General Contract Law

A dispute arose concerning the interpretation of a prenuptial agreement regarding the irrevocability of a donation made by one spouse to the other, where the agreement stipulated that the donation could only be revoked in the event of a divorce by mutual consent, and the spouse appealing the initial judgment argued that the donation was a mere stipulation pour autrui (stipulation for a third party) and thus subject to general revocation rules. The Court of Cassation rejected the appeal, holding that when a marriage contract specifically and unequivocally dictates the conditions for the revocation of a donation between spouses, those contractual provisions must be respected, meaning the donation, stipulated as irrevocable except by mutual consent divorce, could not be unilaterally revoked based on general principles of law applicable to stipulations for a third party, as the contract itself governed the matter.