Gift of professional income generated by a spouse to a third person in Mauritian Civil Law

Goran Georgijević

doi:10.5937/analipfb2001028g

Abstract

For historical reasons, Mauritian civil law has been influenced by French civil law. However, despite the differences between Mauritian civil law and French civil law and the indisputable autonomy of the Mauritian civil law, it is impossible to deny that the latter is strongly inspired by the French civil law and that the Mauritian judge will in most cases refer to the decisions rendered by French courts – and in particular by the Court of Cassation – as well as to the French doctrine. This statement is applicable to Mauritian Law on Matrimonial Property Regimes which is inspired by French civil law. In this article we will first provide a brief overview of the Mauritian Law on Matrimonial Property Regimes, followed by an analysis of the validity of a gift of professional income generated by a married person to his concubine.

Highlights

For historical reasons, Mauritian civil law has been influenced by French civil law (Law Reform Commission, 2010; Domingue 2002, 62; Agostini 1992, 21; Venchard 1982, 31; Angelo 1970, 237; Bogdan 1989, 28; Burgeat 1975, 315; Marrier d’unienville 1969, 96; Moolan 1969, 137; Mixed Jurisdictions Worldwide 2012, 629)
In this article we will first provide a brief overview of the Mauritian Law on Matrimonial Property Regimes, followed by an analysis of the validity of a gift of professional income generated by a married person to his concubine
Article 1422 of the Civil Code is the part of a specific matrimonial regime and is not common to all matrimonial regimes.47. This is why when a spouse make a gift of a sum of money, derived from his or her professional income, to a concubine, the gift will be valid from the point of view of the Mauritian Law on Matrimonial Property Regimes

Summary

INTRODUCTION

Mauritian civil law has been influenced by French civil law (Law Reform Commission, 2010; Domingue 2002, 62; Agostini 1992, 21; Venchard 1982, 31; Angelo 1970, 237; Bogdan 1989, 28; Burgeat 1975, 315; Marrier d’unienville 1969, 96; Moolan 1969, 137; Mixed Jurisdictions Worldwide 2012, 629). In French civil law, in addition to marriage, the emancipation of a minor is possible through a court decision (Article 413–2 of the French Civil Code).. 121–2 of the French Code of Commerce (Law n ° 2010–658, 15 June, 2010) makes it possible, provided that it is authorized by a court’s decision, during the procedure of emancipation or after the emancipation has been completed.5 No formal obligation lies upon the Mauritian judge to follow the decisions of the Court of Cassation relating to the issue treated This rule has been, for instance, clearly confirmed with regard to the issue of reparation for indirect damage suffered by an unmarried partner in the event of the death of the other partner.. In this article we will first provide a brief overview of the Mauritian Law on Matrimonial Property Regimes and analyze the validity of a gift of professional income generated by a married person to his concubine

BRIEF OVERVIEW OF THE MAURITIAN LAW ON MATRIMONIAL PROPERTY REGIMES

Primary Matrimonial Property Regime in Mauritius

Legal Regime of Community of Property

CONCLUSION