Question juridique clé
Whether the cantonal court arbitrarily valued the property held by D. SA for purposes of marital property liquidation.
Solution extraite
No. The Federal Court held that the cantonal court could base valuation on the objectively achievable rental value and on the perit’s method, not on the husband’s subjective or actual rental situation.
Motifs extraits
Market value under Art. 211 CC is an objective concept. The court may rely on a method that reflects the best possible market exploitation of the property; partial or related-party lettings do not determine market value. The challenged valuation followed the expert’s method and was not arbitrary.