Kernrechtsfrage
Whether the 1979 French divorce judgment and settlement had res judicata effect barring the loan claim
Extrahierter Entscheid
No. The divorce settlement did not cover the pre-marriage loan, so it did not prevent later enforcement of the claim.
Extrahierte Begründung
The Federal Court found no arbitrary application of French law: the divorce occurred before Article 264-1 CCF, no liquidation of patrimonial interests was ordered, the loan predated the marriage, and the settlement contained no reference to or exclusion of the debt.