Question juridique clé
Whether the Federal Court could review the disputed agreement under federal law or whether the validity of the alleged gift had to be judged under cantonal law.
Solution extraite
The question whether there is a valid gift inter vivos or gift mortis causa is governed exclusively by cantonal law and is therefore not open to federal review under Art. 56 and 57 OG.
Motifs extraits
The defendant's argument amounted only to an asserted gratuitous waiver of an existing debt. Whether such waiver, if any, was valid as an inter vivos or testamentary gift depended solely on cantonal law, not federal law.