COUR DE CASSATION, CHAMBRE CIVILE 1, du 17 juin 1964, Publié au bulletin
Case Outcome | CASSATION. |
Court | Première Chambre Civile (Cour de Cassation de France) |
Date | 17 juin 1964 |
Publication au Gazette officiel | N° 325 |
ATTENDU QUE S'IL EST LOISIBLE AUX JUGES DE FAIRE ETAT DES CIRCONSTANCES DANS LESQUELLES ONT ETE ECRITES LES CORRESPONDANCES EMANANT DU PERE PRETENDU ET INVOQUEES A L'APPUI D'UNE DEMANDE DE DECLARATION JUDICIAIRE DE PATERNITE, LA PREUVE DE L'AVEU, NON EQUIVOQUE, EXPRES OU IMPLICITE, EMANANT DU PERE PRETENDU, DOIT RESULTER D'ECRITS SE SUFFISANT A EUX-MEMES ;
ATTENDU QUE POUR DECLARER, SUR LE FONDEMENT D'UN AVEU ECRIT NON EQUIVOQUE DE PATERNITE, GIRARDEAU, PERE NATUREL DE L'ENFANT QUE DEMOISELLE Y... A MIS AU MONDE LE 5 JANVIER 1959, L'ARRET INFIRMATIF ATTAQUE, APRES AVOIR FAIT ALLUSION A DES PROMESSES DE MARIAGE "CONCOMITANTES" A L'EXISTENCE DE RELATIONS INTIMES ENTRE LES JEUNES GENS ET AVOIR RELEVE QU'APRES LA NAISSANCE, IL AVAIT "INSTALLE LA MERE "AVEC SON ENFANT, CHEZ LUI, OU ILS (AVAIENT) VECU ENSEMBLE PENDANT QUINZE JOURS", DECIDE "QU'EN L'ETAT D'UN PAREIL COMPORTEMENT, QUI LAISSE SUPPOSER QUE GIRARDEAU N'AVAIT...
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