Facts
P. F. (born in 1924) married H. S. (born in 1924) in 1960, after having divorced his first wife. No children were born from these two marriages. The F. spouses jointly operated a motel, which became the property of P. F. and constituted the majority of their joint assets. In November 1967, while P. F. was seriously ill, the spouses concluded a marriage contract providing for the general community of property and assigning the entire joint estate to the surviving spouse. P. F. died a month later. His legal heirs (his mother and brother) contested the validity of this marriage contract, considering that it constituted an abuse of rights aimed at depriving the heirs of their inheritance rights.Considerations
The Federal Tribunal dismisses the heirs' appeal. It considers that the disputed marriage contract does not constitute an abuse of rights, insofar as it was not concluded solely for the purpose of benefiting the surviving spouse to the detriment of the other heirs. Indeed, the F. spouses had already intended to regulate their financial relations differently from the law before P. F.'s illness worsened. Furthermore, the heirs suffer only a minor infringement of their rights, notably because the deceased could have deprived them of their compulsory portion by will by choosing the law of his canton of origin. Finally, the marriage contract corresponded to the economic situation of the spouses, the joint…