Question juridique clé
Whether the Cour civile had subject-matter competence over the filed action under Art. 85a LP or a declaratory claim.
Solution extraite
The court lacked subject-matter competence because the case was not one of the matters reserved for the cantonal sole instance, and the applicant had no agreement from the respondent to bring a direct action before the Cour civile.
Motifs extraits
Art. 74 LOJV gives the Cour civile competence only for cases assigned to it by law, including direct actions under Art. 8 CPC and matters where federal law requires a single cantonal instance under Art. 5 CPC. The applicant invoked Art. 85a LP or a general declaratory action, but neither route fit those categories; the value in dispute also did not create competence before this court because patrimonial cases above CHF 100,000 fall within the Chambre patrimoniale cantonale under Art. 96g LOJV. Therefore the admissibility requirement of Art. 59(2)(d) CPC was not met.