Question juridique clé
Whether the respondent had assumed a debt of A. arising from the 1993 judgment
Solution extraite
No; the debt had already been extinguished by a prior conventional release, so there was nothing to assume.
Motifs extraits
The 1990 exchange of letters objectively amounted to a debt release under Art. 115 CO. A debt already extinguished cannot later be taken over by a third party under Art. 176 CO.