Cour de cassation, Chambre civile 1, du 5 mai 1965, 64-10.274, Publié au bulletin
Presiding Judge | M.Blin |
Date | 05 mai 1965 |
Docket Number | 64-10274 |
Court | Première Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin 1965 I N° 299 |
SUR LE MOYEN UNIQUE : VU L'ARTICLE 1382 DU CODE CIVIL ;
ATTENDU QU'UNE PROMESSE DE MARIAGE, EUT-ELLE DETERMINE LA JEUNE FILLE A AVOIR DES RELATIONS INTIMES AVEC SON AUTEUR NON PLUS QUE SA RUPTURE, NE SONT A ELLES SEULES GENERATRICES DE DOMMAGES-INTERETS, LESQUELS NE PEUVENT ETRE ACCORDES QUE SI ELLES S'ACCOMPAGNENT D'UNE FAUTE DELICTUELLE OU QUASI DELICTUELLE ;
ATTENDU QUE, POUR CONDAMNER X...A PAYER A DEMOISELLE Y... JUSQU'A LA MAJORITE DE L'ENFANT NATUREL NE DE CELLE-CI, UNE PENSION ALIMENTAIRE MENSUELLE EN REPARATION DU PREJUDICE PAR ELLE SUBI, LES JUGES DU FOND SE BORNENT A RELEVER QUE X...A FAIT A DEMOISELLE Y... DES PROMESSES DE MARIAGE, A LA SUITE DESQUELLES CELLE-CI A CONSENTI A DEVENIR SA MAITRESSE ET QU'IL LES A ROMPUES BRUSQUEMENT SANS RELEVER A LA CHARGE DUDIT X..., AUCUN FAIT DE NATURE A PERMETTRE DE CONSIDERER SES PROMESSES COMME DES MANOEUVRES DE SEDUCTION DOLOSIVE ET LEUR RUPTURE COMME INJUSTIFIEE OU ABUSIVE ;
QU'EN STATUANT AINSI, LES JUGES DU FOND N'ONT PAS DONNE...
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