Article 1466: Prenup, limits on what can be agreed

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 6552/2538 (1995)

   Whether property is marital or separate is decided under the law in force when it was acquired, and a classification made under the former Book 5 survives the 1976 revision. Property received during the marriage by inheritance or by gift, with nothing said about its being sin doem or separate property, was sin somros under the FORMER section 1466. That it would now be separate property under section 1471(3), or marital only if a will or written gift said so under section 1474, does not change what it already is. Note on placement: this decision construes the FORMER Book 5 section 1466. The section 1466 now in force is a different provision, governing when an ante-nuptial agreement is void for want of entry in the Marriage Register or of the required writing and witnesses.

   Six items in the estate inventory had been acquired by the deceased while the former Book 5 of the Civil and Commercial Code was in force. The Supreme Court held that what class of matrimonial property they fell into had to be decided under the law in force when they were acquired. The deceased had received them during the marriage by inheritance and by gift, with nothing stating that they were sin doem or separate property, so they were sin somros between the deceased and R. under the former section 1466. The 1976 revision, which by section 1471 makes property received during marriage by inheritance or gratuitous gift separate property, and by section 1474 makes property received under a will or a written gift marital only where the instrument says so, differs from the former Book 5, but does not alter the character of property already classified under it.

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