Key legal question
Whether the federal appeal against the cantonal refusal of provisional measures was admissible and whether the wife had to show a final, irreparable danger to her matrimonial claim.
Extracted holding
The appeal was admissible as a final decision, but the challenge failed on the merits because the wife did not establish arbitrary fact-finding or a serious, current danger to her claim.
Extracted reasoning
The Court held that in provisional matrimonial measures under Art. 178 CC and Art. 276 CPC, the applicant must render a serious and current danger plausible on the basis of objective indications. The cantonal court did not depart from the correct standard of proof; the wife’s arguments were largely appellatory and did not show arbitrariness.