top of page

PACS and infidelity?

Procap Detective Toulon

In French civil law, fidelity in marriage remains a consecrated principle, of an imperative nature, and its violation can be sanctioned. In the Civil Code, the duty of fidelity between married spouses arises not only from the obligation of community of life and marital duties, but it is expressly provided for in the text. Article 212 of the Civil Code states: “Spouses owe each other mutual respect, fidelity, help and assistance. » Any failure to fulfill this duty remains in principle a cause for breakup or divorce. At the other end of the spectrum of unions, we have cohabitation and free union in which the notion of fidelity is completely absent. In theory as in practice, cohabiting spouses are freed from any duty of mutual fidelity. But what about fidelity in PACS? Is there a duty of fidelity between civil partnership partners? What about adultery in the PACS? Established Being a contract, the PACS assumes reciprocal rights and obligations of the parties. By concluding a civil partnership, the partners must undertake to respect a certain number of obligations. Article 515-4 of the Civil Code lists these. Thus PACS partners are required to

  • An obligation to live together (partners in a civil partnership must, under penalty of nullity, elect, during the agreement, a common residence and live there, even if the domicile of each partner is different)

  • Reciprocal material assistance (each partner contributes to household expenses in proportion to their financial capabilities)

  • A duty of mutual assistance (particularly in the event of loss of employment of one of the partners or illness).

  • Solidarity towards third parties for debts contracted by one of them for the needs of everyday life

The word loyalty does not appear in the text of the Civil Code relating to PACS. By establishing this, the legislator has not transferred the duty of fidelity as provided for in marriage, in particular in article 212. Does this mean that civil partnership partners are entirely freed from this obligation? He Thus 1240 of the Civil Code (formerly article 1382 of the Civil Code) on tort liability for personal acts. While


Commenting has been turned off.
bottom of page