Matter
Partial Cassation Judgment of the French Court of Cassation in case U 24-18.329 dated 11 February 2026
- 7 January 2010Arbitration
7 January 2010Arbitration
Arbitral award of the rabbinical tribunal dated 7 January 2010
- Decision summary
- The award fixed the parties' rights and obligations if they separated or continued their association. On separation, it required the parties to proceed in conformity with the rabbinical tribunal under the rabbinical rule of God et Igoud; if they continued, it allocated loan instalments and property taxes and provided for rent set by the rabbinical tribunal.
Supporting details
3 participantsM. [K] [G]
Mme [C] [I], épouse [G]
M. [H] [W]
16 years, 1 month and 4 days later · 5879 days
- 11 February 2026France
11 February 2026France
Judgment of the French Court of Cassation, First Civil Chamber, in case U 24-18.329 dated 11 February 2026
French Court of Cassation, First Civil Chamber
- Decision summary
- The Court of Cassation partially quashed the Rouen Court of Appeal's 29 May 2024 judgment, which had rejected the G spouses' request to sell the jointly owned property alone and treated their sale of their share to W as perfected on 7 April 2021. It held that, after the parties abandoned arbitration and brought the dispute before a state court, Rome I permitted a choice only of state law; applying the non-state rabbinical rule of God et Igoud therefore violated the cited provisions. The case was remitted to the Paris Court of Appeal, while the rulings rejecting claims for dilatory or abusive proceedings were preserved; W was ordered to pay costs and EUR 3,000 under article 700 of the French Code of Civil Procedure.
Supporting details
3 authorities · 14 participantsM. [K] [G]
- Representative
- SAS Boucard-Capron-Maman (For: M. [K] [G] · Mme [C] [I], épouse [G])
Mme [C] [I], épouse [G]
- Representative
- SAS Boucard-Capron-Maman (For: M. [K] [G] · Mme [C] [I], épouse [G])
M. [H] [W]
- Representative
- SCP Lyon-Caen et Thiriez (For: M. [H] [W])
French Court of Cassation, First Civil Chamber
- Judge
- Mme Champalaune
- Judge
- Mme Tréard
- Judge
- Mme Guihal
- Judge
- M. Bruyère
- Judge
- M. Ancel
- Judge
- Mme Peyregne-Wable
- Judge
- Mme Corneloup
- Judge
- Mme Robin-Raschel
- Advocate General
- M. Poirret