Whether the recourse was admissible under Art. 369(4) CPC in a case concerning protective measures of the marital union.
Only the nullity grounds under Art. 444(1) nos. 1 and 2 CPC were available; because the filing raised merely appellate-type arguments and no valid nullity ground, the recourse was inadmissible.
For appeals against protective-measure judgments, the district court sits as a final cantonal instance only incidentally; the wording of Art. 369(4) CPC is clear and excludes an extensive interpretation or filling of any gap. The LTF does not alter this until cantonal adaptation periods expire.