Questão jurídica principal
Whether the lower court wrongly applied Art. 200 Abs. 3 ZGB to allocate the burden of proof for the source of funds used for investments in the husband's property and hangar rent
Decisão extraída
Art. 200 Abs. 3 ZGB does not govern the burden of proof for the source of funds behind a replacement claim; Art. 8 ZGB applies, so the wife bore the burden of proving that the funds came from the husband's acquets.
Fundamentação extraída
The presumption in Art. 200 Abs. 3 ZGB concerns only the mass classification of assets, not who must prove the source of invested funds. The court therefore misallocated the burden of proof.