Question juridique clé
Whether the cantonal court arbitrarily applied Arts. 163 and 125 CC when fixing spousal maintenance during marital protection.
Solution extraite
Yes. Where reconciliation is no longer realistically expected, the court must assess maintenance by analogy with divorce criteria and the principle of economic independence; this was not done here.
Motifs extraits
The lower court relied only on solidarity under Art. 163 CC and ignored the jurisprudence requiring consideration of Art. 125 CC factors in the absence of reconciliation prospects. It also failed to clarify whether the husband had undertaken to finance the wife's training.