Conversion of a foreign matrimonial regime to a regime of separation of property with community of acquests under Swiss law

Facts

The dispute concerns the validity of the marriage contract concluded by the Pini spouses, subject to Swiss law under Art. 19 PILA but having adopted a foreign matrimonial regime (French). The Cantonal Court considered that this agreement could be assimilated to a regime of separation of property with community of acquests under Swiss law, and therefore deemed it valid. The heirs contest this decision.

Considerations

The Federal Tribunal considers that when spouses subject to Swiss law have adopted by marriage contract a foreign matrimonial regime, it must in principle be considered that they have chosen the matrimonial regime of Swiss law closest to their foreign regime. In this case, the marriage contract of the Pini spouses, which combined separation of property and community of acquests under French law, can be converted into a regime of separation of property with community of acquests under Swiss law.

Although the powers of the husband in the administration of the common property differ somewhat between the two regimes, the Pini spouses have in practice operated under a regime closer to the Swiss community of acquests than to the French community of acquests. Sinforosa Pini in…