Facts

X. and [Y.] concluded an agreement on June 13/22, 2001 to regulate the consequences of living separately, with the transition to the property regime of separation of property taking effect from January 1, 2001. On June 3, 2002, X. sued [Y.] for the implementation of the property settlement. The parties reached a partial agreement on the property settlement, with the exception of the distribution of the proceeds from the sale of the shares of S. AG. The Federal Court therefore had to decide solely on the assessment of the increase in value realized through the sale of the shares of S. AG.

Considerations

The Federal Court concluded that the defendant had been sufficiently compensated for his activities in the company through the remuneration received (salary, dividends, payment of salary to the plaintiff). Thus, the requirements for the assumption of a contribution within the meaning of…