Arbitral Digest

Matter

Africa Edge v Consorts X (French Court of Cassation, First Civil Chamber, 15 January 2015)

  1. 15 May 2013France

    15 May 2013France

    Judgment of the Paris Court of Appeal dated 15 May 2013

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal declared the 7 January 2005 donation-partition unenforceable against Africa Edge and ordered Florence X... and Nicolas X... to pay EUR 457,347 with legal interest after the donated property was sold to a third party.

    1 year and 8 months later · 610 days

  2. 15 January 2015France

    15 January 2015France

    Decision of the French Court of Cassation, First Civil Chamber dated 15 January 2015

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation rejected the consorts X appeal and upheld the declaration that the 7 January 2005 donation-partition was unenforceable against Africa Edge. It held that a creditor may bring a paulian action on the basis of a claim certain in principle when the fraudulent act was made, and upheld the EUR 457,347 indemnity after the donated property was sold to a third party; it ordered costs and rejected the Article 700 requests.

    Supporting details

    3 authorities · 6 participants
    Africa Edge
    Georges X...
    Representative
    SCP Delaporte, Briard et Trichet (For: Georges X... · Evelyne X... · Florence X... · Nicolas X...)
    Evelyne X...
    Representative
    SCP Delaporte, Briard et Trichet (For: Georges X... · Evelyne X... · Florence X... · Nicolas X...)
    Florence X...
    Representative
    SCP Delaporte, Briard et Trichet (For: Georges X... · Evelyne X... · Florence X... · Nicolas X...)
    Nicolas X...
    Representative
    SCP Delaporte, Briard et Trichet (For: Georges X... · Evelyne X... · Florence X... · Nicolas X...)
    French Court of Cassation, First Civil Chamber

    Authorities cited

    3
    • French Civil Code, Article 1167
      statute
    • French Civil Code, Article 2290
      statute
    • French Code of Civil Procedure, Article 700
      statute

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Africa Edge v Consorts X (French Court of Cassation, First Civil Chamber, 15 January 2015) · Matter