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Court of Cassation: Security receipt nullified after obligation fulfilled
The Court of Cassation confirms that a confirmation receipt issued as security for the list of matrimonial movable assets does not establish the existence of a payable debt if the issuer proves that it was written solely to guarantee the fulfillment of another obligation, such as returning the matrimonial movables, and that this obligation has already been fulfilled. The court also ruled that the reason stated in the receipt can be challenged as a formality, and that the court must consider all substantive defenses that could alter the outcome of the dispute; failure to do so results in a lack of proper reasoning. The Court of Cassation overruled the judgment of the Court of Appeal and ordered a retrial because it overlooked a significant defense that could resolve the dispute in favor of the defendant.
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