Facts
Marc-Robert Schlaeppi married Alice-Joséphine Verdan in 1936. Upon conclusion of their marriage contract in 1948, they agreed that the entire benefit of the marital union would go to the surviving spouse. After the death of Marc-Robert Schlaeppi in 1950, his children from his first marriage contested this clause and requested a reduction of the share allocated to the surviving spouse.Considerations
1. According to established case law, spouses married under the regime of community of property may validly agree by marriage contract, pursuant to Art. 214 para. 3 CC, that the entire benefit will go to the surviving spouse. This provision is not subject to reduction by application of the rules of inheritance law. 2. The marriage contract allocating the entire benefit to the surviving spouse is not a liberality upon death that can be reduced under Art. 522 CC, but a lifetime act of matrimonial law. The rules on the reduction of dispositions upon death…