Question juridique clé
Whether the wife's consent under Art. 169 ZGB to the sale of the family home counts as a waiver of assets under Art. 3c ELG.
Solution extraite
No. Consent under Art. 169 ZGB protects the ability to live in the family home, not the spouse's assets or future expectations; it is therefore not a social-insurance-law asset waiver.
Motifs extraits
The sold property belonged solely to the husband as his own property. The purpose of Art. 169 ZGB is only to prevent deprivation of the family home, not to protect property rights or marital expectancies. Because the spouses retained a lifelong right of residence, the appellant did not forgo a protected asset.