Article 1598/28

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 294/2538 (1995) ★ Monument

   Section 1598/28 gives an adopted child the status of a legitimate child of the adoptor and applies Title 2 Chapter 2, sections 1561 to 1584/1, mutatis mutandis. That means only that the provisions on the rights and duties of parent and child apply so far as they can, not that every one of them applies. Section 1562, which bars a person from suing an ascendant, restricts a person's rights and must be construed strictly, and an adoptor is not an ascendant, so an adopted child may sue the adoptor.

   The plaintiff, an adopted child, sued the adoptor, who argued the suit was barred by Section 1562. The Supreme Court held it was not. Applying Title 2 Chapter 2 mutatis mutandis under Section 1598/28 does not mean every section in it applies, and Section 1562, restricting a person's right to sue, must be read strictly. An ascendant means parents, grandparents, great-grandparents and direct blood ancestors in fact, and the defendant was only the person who had adopted the plaintiff, not his father, so he was not an ascendant and the plaintiff could sue him.

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