Facts

This case concerns the subsidiary liability of spouse U.S. for unpaid annuities to widow G.P. under Art. 193 CC. The key facts are as follows:

  • Husband C.S. was a general partner of a limited partnership (KG) which merged in 1980 with a limited liability company (GmbH). As part of this merger, the GmbH took over the obligations of the KG, including the payment of annuities to certain former employees, including G.P.'s husband.
  • Upon her marriage to C.S. in 1983, U.S. received exclusive ownership of a condominium through the marriage contract.
  • After the bankruptcy of the GmbH in 1993, G.P. obtained a decision in Germany holding C.S. personally liable for certain unpaid annuities. On this basis, G.P. initiated enforcement proceedings against C.S. in Switzerland.
  • G.P. then requested the sequestration of the apartment belonging to U.S. on the basis of Art. 193 CC, considering that C.S. was liable for this debt to her.

Considerations

The cantonal courts considered that Art. 193 CC was applicable in this case, rejecting the application of Art. 285 et seq. DEBA. According to them, Art. 193 CC takes precedence over the avoidance actions provided for in the DEBA, as this provision aims to prevent spouses from evading their obligations towards creditors through transfers of assets between them, which is easier than the acts covered by the DEBA.

The Federal Tribunal confirms this analysis. It notes that Art. 193 CC and Art. 285 et seq.…