Facts
Rolf and Monika Eberhard-Neuenschwander were married on September 22, 1956 under the legal regime of community of property. They subsequently concluded two marriage contracts, on September 17, 1963 and April 5, 1966, to switch to the regime of separation of property. In these two contracts, they made false declarations concerning their assets, overvaluing certain assets and inventing others, in order to favor the wife in the event of liquidation of the matrimonial regime or enforcement proceedings against the husband. During the filing of Rolf Eberhard's bankruptcy, the wife invoked these marriage contracts to claim the entire furniture and a claim of 30,000 francs. Rolf and Monika Eberhard were convicted at first and second instance for fraud in the procurement of authentic instruments within the meaning of Art. 253 SCC, the wife also for forgery concerning the second marriage contract.Considerations
The Federal Tribunal considers that the false declarations of the Eberhard spouses concerned legally relevant facts, namely the composition and origin of the matrimonial assets, essential elements for the liquidation of the matrimonial regime or enforcement proceedings. These declarations were intended and able to serve as evidence, even if they did not have absolute probative force. The notary has therefore indeed authenticated inaccurate facts, which constitutes the offense of fraud in the procurement of an authentic instrument within the meaning of Art. 253 SCC.
However, the use by the wife of the document thus…