Cour de Cassation, Chambre civile 2, du 27 février 1991, 89-11.017, Publié au bulletin
| Presiding Judge | Président :M. Dutheillet-Lamonthézie |
| Case Outcome | Rejet. |
| Counsel | Avocats :la SCP Le Bret et Laugier,la SCP Rouvière,Lepître et Boutet. |
| Docket Number | 89-11017 |
| Citation | A RAPPROCHER : Chambre civile 2, 1990-04-26 , Bulletin 1990, II, n° 76, p. 40 (cassation), et les arrêts cités.<br/> |
| Date | 27 février 1991 |
| Court | Deuxième Chambre Civile (Cour de Cassation de France) |
| Publication au Gazette officiel | Bulletin 1991 II N° 65 p. 34 |
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Sur le moyen unique :
Attendu que M. X... fait grief à l'arrêt attaqué (Paris, 31 octobre 1988) d'avoir sursis à statuer sur sa demande principale en divorce et d'avoir prononcé, sur la demande reconventionnelle de l'épouse, le divorce des époux X... à ses torts, alors que les demandes respectives en divorce visées par l'article 245 du Code civil formant un tout indivisible, la cour d'appel n'aurait pu accueillir une des demandes et surseoir à statuer sur l'autre sans violer ce texte ;
Mais attendu que l'appréciation de l'opportunité d'un sursis à statuer relève...
Pour continuer la lecture
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