Facts

The case concerns a man, L. F., placed under curatorship in 1934 due to his poor management of his assets and weakness of character. In 1947, he entered into an agreement with his wife, with the approval of his counsel, to pay her the sum of 50'000 francs in recognition of her work in managing his agricultural operation. However, this sum was paid without the authorization of the guardianship authority, which subsequently refused to validate the agreement. The counsel brought a lawsuit to obtain the nullity of the agreement and the reimbursement of the paid sum.

The key facts are as follows

  • The man was placed under curatorship in 1934 due to his poor management of his assets and weakness of character.
  • In 1947, he entered into an agreement with his wife to pay her 50'000 francs in recognition of her work in managing his agricultural operation.
  • The sum was paid without the authorization of the guardianship authority, which subsequently refused to validate the agreement.
  • The counsel brought a lawsuit to obtain the nullity of the agreement and the reimbursement of the paid sum.

Considerations

The Federal Court considered that the legal counsel of an incapable person requires special authorization from the guardianship authority for acts that go beyond the scope of ordinary administration. In this case, the payment of the sum of 50'000 francs to the wife constituted an act that went beyond the scope of ordinary administration and therefore required special authorization.

The Court also considered that the authorization of the guardianship authority cannot be replaced by the consent of the represented person. Indeed, the person placed under curatorship is considered…