Question juridique clé
Whether the cantonal court arbitrarily valued the sold cheese business for matrimonial property division
Solution extraite
Yes. The court had to consider the actual net sale proceeds and could not simply equate the purchase price with the sale proceeds; its valuation was arbitrary.
Motifs extraits
The transfer price was partly offset by assumed debts and other obligations. Ignoring these elements led to an untenable valuation under Art. 9 BV.