Article 1476: Acts needing both spouses' consent

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 10633/2551 (2008)

   A sale with a right of redemption of marital property made by one spouse without the other's consent contravenes section 1476(1). Where the buyer did not act in good faith, the other spouse may have the transaction revoked in its entirety under section 1480, not merely as to her own share.

   The plaintiff and defendant 1 acquired the land and buildings during their marriage, so they were marital property under section 1474(1). Defendant 1 sold them with a right of redemption to defendant 2 without the plaintiff's consent, which was contrary to section 1476(1); and because defendant 2 did not buy in good faith, the plaintiff was entitled to have the whole transaction revoked under section 1480. As the action sought revocation so that the property would be returned to the plaintiff and defendant 1, it was an action for relief capable of being valued in money.

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2. Arrêt de la Cour suprême n° 7978/2542 (1999)

   Where one spouse mortgages marital property without the other's consent, contrary to section 1476(1), and the mortgagee takes it in bad faith, the other spouse may sue to revoke the mortgage under section 1480 paragraph one. But revocation under section 1480 must be of the whole juristic act: a spouse cannot ask to revoke only her own share.

   Defendant 1 mortgaged the disputed marital property to defendant 2, a bank, without the consent of the plaintiff, his lawful wife, contrary to section 1476(1). The bank accepted the mortgage on the strength of consent given by V., a woman with whom defendant 1 had not registered a marriage, so both defendants had joined in the mortgage in bad faith and unlawfully and had infringed the plaintiff's rights; she therefore had standing to sue for its revocation under section 1480 paragraph one. The record dividing the property between the spouses was a contract made during marriage under section 1469, which the plaintiff had validly avoided while they were still married, so the property was marital property again when she sued. Revocation under section 1480 must extend to the whole juristic act, and a spouse cannot revoke only her own share.

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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.