Facts
The case concerns a dispute between X. (the plaintiff) and Y. in the context of a marriage protection procedure. The plaintiff filed a request for marriage protection measures against Y. and appealed to the Obergericht of the canton of Zurich. Subsequently, he filed a nullity appeal with the Court of Cassation of the canton of Zurich and also filed a civil law appeal with the FSCA against the decision of the Obergericht. The plaintiff then filed a second civil law appeal against the decision of the Court of Cassation.
The parties involved are the plaintiff (X.) and the defendant (Y.), with the intervention of the Obergericht and the Court of Cassation of the canton of Zurich, as well as the FSCA. The key dates are January 16, 2007 (decision of the Obergericht), June 4, 2007 (decision of the Court of Cassation), and August 20, 2007 (decision of the FSCA).
Considerations
The FSCA examined the two civil law appeals filed by the plaintiff. It considered that the admissible grievances before the FSCA could be raised in a nullity appeal (§ 281 ss CPC/ZH) filed with the Court of Cassation of the canton of Zurich. The decision of the Court of Cassation is considered the final decision within the meaning of art. 75 al. 1 FSCA.
The FSCA then examined the motivation requirements for the civil law appeal against the decision on provisional measures within the meaning of art. 98 FSCA. It considered that decisions on marriage are considered provisional measures and that only violations of constitutional rights, in particular the principle of non-arbitrariness (art. 9 Cst.), can be invoked.
The…