Facts
In the context of a divorce, the plaintiff wife requested the court of first instance to order a restriction in the Land Register on the property belonging to her husband in order to secure her financial claims arising from the matrimonial property regime. The court of first instance granted this request. However, the cantonal court upheld the husband's appeal and lifted this restriction in the Land Register. The wife then appealed to the Federal Supreme Court against this decision.Considerations
The Federal Supreme Court dismissed the appeal. It considered that the restriction in the Land Register ordered by the court of first instance was not a measure provided for by federal law, but rather fell within the scope of cantonal procedural law. Indeed, federal law only knows this measure in a few specific cases, the only generally available possibility being the entry in the Land Register of a restriction on disposal under Art. 960 para. 1 no. 1 CC. However, the wife's financial claims, such as her share in the acquired…