Question juridique clé
Whether relying on the plaintiff's testimony under penalty violated the evidentiary rules of Art. 8 and 314 ZGB
Solution extraite
No. A cantonal judge does not violate federal evidentiary rules when he bases the finding of intercourse on a party statement made under threat of punishment for untruthfulness.
Motifs extraits
Such a party declaration is treated similarly to an oath or witness testimony. If cantonal procedure allows the judge to assess a bewiseussage freely, the Federal Court does not review that appreciation; if the judge is bound by it, only a criminal conviction for false testimony can destroy its probative force, not a complaint of factual inconsistency.