Cour de Cassation, Chambre MIXTE, du 29 janvier 1971, 67-93.320, Publié au bulletin
Presiding Judge | P.PDT M. AYDALOT PDT MM. ANCEL, ROLLAND |
Case Outcome | Cassation |
Counsel | Demandeur AV. |
Docket Number | 67-93320 |
Date | 29 janvier 1971 |
Court | Chambre Mixte (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre MIXTE N. 1 P. 1 |
VU L'ARTICLE 389-5 DU CODE CIVIL;
ATTENDU QU'EN APPLICATION DE L'ALINEA 3 DE CE TEXTE, L'ADMINISTRATEUR LEGAL NE PEUT, MEME DU CONSENTEMENT DE SON CONJOINT, RENONCER A UN DROIT SANS L'AUTORISATION DU JUGE DES TUTELLES; ATTENDU QU'IL RESULTE DES ENONCIATIONS DE L'ARRET ATTAQUE QU'UN ACTE, INTITULE " ARRANGEMENT AMIABLE " CONSTATE LA RENONCIATION DES EPOUX X... A TOUTES AUTRES INDEMNITES ET DEDOMMAGEMENTS, EN REPARATION DU PREJUDICE MORAL ET MATERIEL SUBI PAR LEUR FILLE MINEURE ASTRIDE X..., VICTIME DE DEUX VIOLS, COMMIS PAR HOFFMAN ET KOCH, CONTRE PAYEMENT D'UNE SOMME DE 8.000 F; QU'EN APPLICATION DES DISPOSITIONS COMBINEES DES ARTICLES 389-5, ALINEA 1 ET 467 DU CODE CIVIL, L'ADMINISTRATEUR LEGAL, AGISSANT AVEC LE CONSENTEMENT DE SON CONJOINT, PEUT TRANSIGER AU NOM DU MINEUR; QU'EN CONSEQUENCE...
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