Question juridique clé
Whether a claim that domicile-jurisdiction rules were violated requires exhaustion of cantonal remedies before filing a federal constitutional complaint.
Solution extraite
No. The complaint may be brought directly to the Federal Court without first exhausting the cantonal instance chain.
Motifs extraits
The protection of Art. 59 BV has consistently been treated as allowing direct recourse for any alleged breach of the protected forum, including an allegedly incompetent summons. The federal rules on domicile and guardianship jurisdiction create the same kind of individual forum guarantee and impose an official duty on the authority to examine jurisdiction, so they must be treated analogously.