Questão jurídica principal
Whether the cantonal court arbitrarily treated the husband’s silence as a tacit admission under Geneva Civil Procedure Code art. 126
Decisão extraída
The husband had not had a written opportunity to respond to the specific allegation; treating the facts as admitted was arbitrary.
Fundamentação extraída
A silence-based admission cannot be inferred where the party expressly disputed ownership and advanced contrary facts. The challenged inference was also decisive because it affected the composition of acquêts and the liquidation claim.