Question juridique clé
Whether the cantonal court arbitrarily applied the 10-day appeal deadline under the CPC to a marital-protection decision made under former cantonal procedure
Solution extraite
No arbitrariness existed: because the appeal procedure was governed by the CPC, the appeal deadline had to be determined under the CPC's own classification of marital-protection measures as summary proceedings.
Motifs extraits
Transitional Art. 404 CPC governed first instance, but Art. 405 CPC governed appeals. Once the appeal is subject to the CPC, the appeal period depends on the procedure assigned by the CPC, not on the former cantonal procedure actually used below. This also promotes nationwide procedural uniformity.