Facts
In this case, it was about the definitive debt enforcement for maintenance contributions that A. demanded from B. The Civil Court of the Canton of Basel-Stadt had granted [B.] the definitive debt enforcement for maintenance contributions totaling CHF 114,900.- plus interest. [B.] appealed this decision to the Court of Appeal of the Canton of Basel-Stadt, which, however, dismissed his appeal.
[B.] then filed a complaint with the Federal Supreme Court. The main point of contention was from what point in time [B.] had to pay default interest on the maintenance contributions.
Considerations
The Federal Supreme Court concluded that family law maintenance contributions are to be classified as "annuities" within the meaning of Art. 105 para. 1 CO. Accordingly, the debtor ([B.]) owes default interest only from the day the debt enforcement proceedings were initiated, i.e., from the filing of the debt enforcement request, and not already from the due date of the maintenance claim.
The Federal Supreme Court set aside the decision of the lower court to the extent that it…