Facts
C. and Mrs. S. were married on June 16, 1967 in Spain without a marriage contract, and then settled in Switzerland. On March 14, 1989, they liquidated their matrimonial property regime of participation in acquisitions to adopt the regime of separation of property. In the context of this liquidation, the wife was awarded the entire ownership of a co-owned property located in France, while the husband retained his sole proprietorship.
In 1986, 1987 and 1988, C. obtained credit lines from Bank X. secured by the assignment of receivables and the pledging of a life insurance policy. On May 25, 1989, the bank terminated the credit, leading to C.'s bankruptcy on June 18, 1990.
On December 6, 1994, Bank X. initiated an action against Mrs. C. based on Art. 193 CC, requesting payment of 100,000 francs plus interest.
Considerations
The Federal Court dismissed Mrs. C.'s appeal. It considered that the share of co-ownership of the property in France, which belonged to the marital acquisitions until the adoption of the separation of property regime, was liable for the bank debt at the time of the last credit increase in 1988.
According to the Court, the transfer of this…