Facts
Edith and Marco M. were married since 3 July 1987. Prior to their marriage, Marco M. was insured with a health insurance fund. After their marriage, financial difficulties led the couple to agree on a separation of property regime on 2 December 1988. The health insurance fund subsequently claimed payment of the unpaid contributions of her husband for the periods from April to June 1988 and from October 1988 to June 1989 from Edith M.Considerations
The Federal Insurance Court considered that Art. 166 para. 3 CC, which provides for the joint and several liability of spouses for acts performed by one of them in the context of representing the interests of the marital community, does not apply in this case. Indeed, the contribution debts invoked are based on an insurance taken out before the marriage, without any connection to the future conclusion of the marriage. Therefore, the conditions for the application of Art. 166 CC are not met, and Edith M. cannot be held liable for the contribution debts of her husband.
Although the contributions became due during the spouses' cohabitation, they arise from an insurance…