Pesant v. Robin

Pesant v. Robin

Majority: A gratuitous donation made nominally to a married woman and accepted by her alone without the husband's written marital authorization has no legal existence and does not fall into the matrimonial community; the community is not a juridical person for which the husband can act as representative to accept a donation made to the wife. Parol proof of mandate may be admissible but does not cure the absence of the written marital authorization required by the Civil Code of Quebec.

Citation
(1918) 58 SCR 96
Parties
Plaintiff Appellant: Joseph Pesant Dit Sanscartier; Defendant Respondent: Charles Robin Alias Lapointe
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 December 1918
Procedural Posture
Family Law / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec
Outcome
Appeal allowed; judgment of the Court of King's Bench reversed; judgment of the Superior Court restored.
Legal Topics
Donation, Marital Authorization, Mandate, Community Property, Authentic Form Requirement
Source Language
English
Family Law Property Law Civil Procedure Donation Marital Authorization Mandate Community Property Authentic Form Requirement

Case Brief

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Parties

Joseph Pesant Dit Sanscartier

Plaintiff Appellant

Charles Robin Alias Lapointe

Defendant Respondent

Procedural Posture

Family Law / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether a donation made to a married woman can be validly accepted without the husband's marital authorization
  2. 2 Whether an acceptance by the wife acting as mandatary of her husband can validate a donation made to the wife
  3. 3 Whether the matrimonial community constitutes a juridical person capable of receiving a donation or of having an agent

Ratio Decidendi

Majority: A gratuitous donation made nominally to a married woman and accepted by her alone without the husband's written marital authorization has no legal existence and does not fall into the matrimonial community; the community is not a juridical person for which the husband can act as representative to accept a donation made to the wife. Parol proof of mandate may be admissible but does not cure the absence of the written marital authorization required by the Civil Code of Quebec.

Court Disposition

Appeal allowed; judgment of the Court of King's Bench reversed; judgment of the Superior Court restored.

Orders

  • Appeal allowed
  • Judgment of the Court of King's Bench (Q.R. 27 K.B. 88) reversed