Question juridique clé
Whether a married woman who independently carries on a business can be personally pursued for business debts despite no property separation under cantonal law.
Solution extraite
Yes. Federal law allows personal enforcement against a businesswoman for business debts with the husband's express or implied consent, and cantonal law requiring prior property separation cannot prevail.
Motifs extraits
Arts. 34 and 35 OR and art. 47 para. 3 SchKG govern personally and exhaustively in this area; the cantonal provision conflicts with federal law and is therefore inapplicable.