Kernrechtsfrage
Whether Swiss/Geneva courts had jurisdiction over the dispute concerning the end of the testamentary executor's powers
Extrahierter Entscheid
Yes. The respondent had proceeded on the merits without reservation in a patrimonial matter, so tacit acceptance of the forum under Art. 6 LDIP was possible and, here, established.
Extrahierte Begründung
The dispute was patrimonial; the CPC provisions invoked by the appellants did not apply in an international succession case; under Art. 6 LDIP, a defendant who proceeds on the merits without reservation accepts the forum, and the Geneva court could not decline jurisdiction because the heirs were domiciled in Geneva and Swiss law applied.