Questão jurídica principal
Whether the Geneva authorities had jurisdiction to order administration of the entire estate under Art. 86(1) PILA.
Decisão extraída
Jurisdiction depended on whether the deceased's last domicile was in Geneva; the appellant's challenge failed because the cantonal findings establishing Paris as the last domicile could not be reviewed in this proceeding.
Fundamentação extraída
The Federal Court held that after remand the cantonal court was bound by the prior appellate reasoning and had to determine last domicile under Arts. 23 ff. CC. The appellant attacked factual findings and proof assessment, which were inadmissible in a nullity appeal.