Question juridique clé
Whether the claim to carry out the matrimonial property settlement is time-barred
Solution extraite
Yes. The ten-year limitation period began with the filing of the divorce petition and had expired by the time the 2015 action was filed.
Motifs extraits
The court distinguished between the claim for carrying out the property settlement and the participation claim. Under Art. 127 OR, claims not otherwise regulated by federal civil law prescribe after ten years. The settlement claim became due when the marital property regime was dissolved on filing of the divorce petition; the participation claim only becomes due upon completion of the settlement. The limitation period was not interrupted.