Facts
On December 22, 2008, B.B. filed a unilateral divorce petition against C.B. Although the divorce was granted, the proceedings are pending solely on the ancillary effects of the divorce. The spouses, both Russian citizens, are the parents of A., born in 1989.
By order on provisional measures dated March 20, 2012, the Court of First Instance of Geneva prohibited C.B. from disposing of his co-ownership shares in certain real estate properties without the consent of his wife. However, this order was not communicated to the Land Registry and no mention was made on the relevant folios.
On June 3, 2013, C.B. donated his co-ownership shares to his daughter A. On June 5, 2013, A. requested the registration of this donation in the Land Registry. However, on June 17, 2013, B.B. objected to this registration. On July 2, 2013, the Land Registry rejected A.'s request in the absence of B.B.'s consent, as C.B.'s wife and co-owner.
Considerations
According to the Federal Tribunal, registration in the land registry is necessary for the acquisition of real estate ownership, and the examining power of the land registry keeper is mainly limited to a formal examination. It cannot carry out any operation without prior legitimation of the applicant's right of disposal.
Pursuant to Art. 201 para. 2 CC, when a…