Article 1469: Avoiding an agreement made between spouses

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 818/2546 (2003)

   A registered gift of one spouse separate property to the other made during the marriage is an agreement concerning property made between husband and wife during marriage. Its avoidance is therefore governed by section 1469, the special provision, and not by the general gift-revocation rule in section 535.

   During the marriage the husband registered gifts of seven plots of his separate property to his wife, reserving a usufruct over each. He later instructed his lawyer to give notice avoiding the gifts. The wife argued that revocation had to be brought within the general gift-revocation rule in section 535. The Supreme Court held that the gifts were agreements concerning property made between spouses during marriage, for which section 1469 in Book 5 Chapter 4 makes special provision, so section 1469 governed and the courts below were right to set the gifts aside. The Court also upheld the trial court decision to dispense with evidence under Civil Procedure Code sections 24 and 182(4).

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2. Arrêt de la Cour suprême n° 8739/2551 (2008)

   A contractual bar on the statutory right to revoke an inter-spousal property agreement is void; the rest of the agreement survives.

   An inter-spousal property agreement containing a 20-year prohibition on revocation is void insofar as it conflicts with the statutory right to revoke; the agreement itself remains otherwise enforceable.

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Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.