Marriage Annulment Appeal Regarding Concealed Disability
France (FR)
Synthèse Legislator
Généré par l'IAA litigant sought annulment of a marriage alleging a fundamental error regarding the essential qualities of the other spouse, specifically claiming the spouse had concealed a serious, incurable physical disability that affected the marital life, but the appellate court upheld the marriage, finding that while the disability existed, it did not constitute a sufficient error regarding the essential qualities of the person as defined by law, because the disability was not established to have been concealed with fraudulent intent, nor was it so grave as to render the continuation of conjugal life objectively impossible, leading the highest court to reject the appeal as the lower court's findings were sufficiently reasoned.
Regeste Legislator
Généré par l'IAMarriage Annulment Appeal Regarding Concealed Disability: A litigant sought annulment of a marriage alleging a fundamental error regarding the essential qualities of the other spouse, specifically claiming the spouse had concealed a serious, incurable physical disability that affected the marital life, but the appellate court upheld the marriage, finding that while the disability existed, it did not constitute a sufficient error regarding the essential qualities of the person as defined by law, because the disability was not established to have been concealed with fraudulent intent, nor was it so grave as to render the continuation of conjugal life objectively impossible, leading the highest court to reject the appeal as the lower court's findings were sufficiently reasoned.