JURITEXT000006952998 Généré par l'IA

Annulment of Marriage Based on Revoked Presumption of Death

Numéro de cause JURITEXT000006952998

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-02-10

Issue du litige annulled

Ouvrir la source officielle Version Markdown lisible par machine (.md)

Synthèse Legislator

Généré par l'IA

A party seeking to annul a marriage based on the prior declaration of presumed death of the other spouse, which was later revoked, must demonstrate that the absent spouse was indeed alive at the time the marriage was contracted, as the revocation of the presumption of death retroactively nullifies the prior judgment, and the burden of proof rests on the petitioning spouse to establish the material fact of the other spouse's existence at the critical juncture of the subsequent marriage.

Regeste Legislator

Généré par l'IA

Annulment of Marriage Based on Revoked Presumption of Death: A party seeking to annul a marriage based on the prior declaration of presumed death of the other spouse, which was later revoked, must demonstrate that the absent spouse was indeed alive at the time the marriage was contracted, as the revocation of the presumption of death retroactively nullifies the prior judgment, and the burden of proof rests on the petitioning spouse to establish the material fact of the other spouse's existence at the critical juncture of the subsequent marriage.