Compensatory benefit in the form of an annuity: the judge must set the monthly amount

Civ. ^1st , June 1, ²⁰²³ , FB, n° 21-22.951

"Having regard to article 275, paragraph 1, of the civil code:

4. Under the terms of this text, when the debtor is not able to pay the capital under the conditions provided for in article 274, the judge sets the terms of payment of the capital, within the limit of eight years, in the form periodic payments indexed according to the rules applicable to alimony.

5. The judgment orders Mr [L] to pay Ms [B] a sum of 160,000 euros as compensatory benefits, providing that he can pay in monthly installments over a maximum period of four years.

6. By ruling in this way, without fixing the amount of the monthly payments, the Court of Appeal misunderstood the extent of its powers and violated the above-mentioned text."