Facts
On 21 July 2008, A.A. concluded a loan agreement of 2 million euros with Bank C. On 7 November 2008, the bank confirmed to A.A. that it accepted to waive the first-rank mortgage on the house located in France. On 16 November 2010, the bank declared the loan due for early repayment. On 11 July 2016, the bank requested enforcement proceedings against A.A. On 2 September 2016, the Debt Collection Office notified A.A. a payment order, to which A.A. and his wife B.B. filed a total objection. The bank then filed a request for provisional release of the objections.Considerations
According to the Federal Tribunal, the defendant must simply render plausible the content of the applicable foreign law, in this case French law, for their grounds of release. The enforcement judge must then proceed with a summary examination of the legal merits of these grounds. In the present case, the defendants did not render plausible before the cantonal instance the content of French law…