New conviction by the European Court of Human Rights of the lack of execution of a return decision
In line of the judgment of January 30, 2018, Edina T. v. Hungary, the European Court of Human Rights issued a new judgment on 22 May 2018...
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- May 25, 2018
- 1 min
Study day "Family in all its states"
Next June 1st, Louise Mura will participate to the Study day organized by the Great East Regional Bar School in Nancy intitled "Family in...
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- May 11, 2018
- 2 min
Reminders about the fault and the date of the effects of the divorce
In a decision of April 11, 2018, the Court of Cassation recalled that the husband's previous adultery did not excuse the wife's...
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- Apr 27, 2018
- 2 min
New example of concrete appreciation of a usual act of parental authority
With regard to parental authority, Article 372-2 of the Civil Code provides for a presumption that a parent is deemed to act with the...
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- Mar 23, 2018
- 1 min
The lack of a grandson's repayment of sums lent by his grandmother amounted to an indirect donation
It is not unusual for a grandparent to choose to give his grandchild a certain amount of money at a key point in their life in the form...
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- Mar 16, 2018
- 2 min
Refusal of the application of the clause in favor of full adoption by the spouse for the benefit...
Refusal of the application of the clause in favor of full adoption by the spouse for the benefit of the unmarried couple By judgment of...
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- Feb 16, 2018
- 1 min
Condemnation of Hungary for not having assisted in the execution of domestic and foreign decisions
In the most difficult cases in family matters, sometimes a party wins the case in Court but is unable to enforce the decision because the...
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- Feb 9, 2018
- 2 min
The parental agreement dividing the burden of children in alternate residence cannot be dismissed
By decision of January 24, 2018, the Council of State specified that when a parental agreement homologated by the Family Judge divided...
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- Jan 26, 2018
- 1 min
The division of a property purchased in half is done by half regardless of the financing
In a separation necessarily comes the time of the calculations and when it comes to the purchase of a property made at the time of the...
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- Dec 29, 2017
- 2 min
New example of the notion of habitual residence of the children according...
New example of the notion of habitual residence of the children according to the Brussels IIA Regulation. In a decision dated December...
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- Dec 29, 2017
- 1 min
The social survey cannot be used to prove a fault that would be a ground for divorce
By a decision dated December 13, 2017, the Court of cassation underlined, citing article 373-2-12 paragraph 3 of the Civil Code, that the...
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- Dec 15, 2017
- 2 min
The agreement for gestational surrogacy concluded abroad is not an obstacle to...
The agreement for gestational surrogacy concluded abroad is not an obstacle to the transcription of the consistent and non-falsified...
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- Oct 27, 2017
- 2 min
The difficult relationship between parents and grandparents is not enough to object the right...
The difficult relationship between parents and grandparents is not enough to object the right of the children to maintain a personal...
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- Oct 13, 2017
- 2 min
It is impossible to enter into an agreement on the division of assets before...
It is impossible to enter into an agreement on the division of assets before the “assignation en divorce”. In a decision made on...
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- Oct 13, 2017
- 2 min
The “reserved portion” is not part of the French international public policy
In two cases dated September 27, 2017, the Court of cassation found that the foreign law which does not know the concept of “reserved...
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