Facts
On 23 May 1984, the Zurich district court pronounced the divorce of spouses D.-B. and approved their agreement of 17 May 1985 on the ancillary effects of divorce. The agreement provided that the husband would transfer ownership of a property in Zurich to his wife and pay her a lump-sum indemnity. The court approved this agreement.
On 28 August 1986, the wife requested a review of the district court's decision, alleging that the agreement was tainted by a consent defect. The district court rejected her request, considering it to be late. The Zurich cantonal court of appeal confirmed this decision.
The wife then appealed to the Federal Court, requesting the annulment of the agreement and a new regulation of the ancillary effects of divorce.
Considerations
1. Admissibility of the appeal
The Federal Court examined whether the decision of the court of appeal could be considered a final decision within the meaning of art. 48 para. 1 FJA, which is subject to appeal. It considered that the decision of the court of appeal, which rejected the wife's request for review, constituted a final decision within the meaning of this provision.
2. Conditions for the annulment of a judicial transaction due to error
The Federal Court recalled that error can lead to the annulment of a judicial transaction if it is essential and if it was made in good faith. It also emphasized that error can consist in the fact that a party considers a future event to be certain, whereas it is uncertain.
3. Duty to inform in divorce proceedings
The Federal Court considered that each spouse is required to inform the other spontaneously about their income and assets to the extent necessary to assert claims and if the information cannot be obtained otherwise. It also emphasized that the violation of this duty can constitute fraud within the meaning of art. 28 CO.
4. Error and fraud
The Federal Court examined whether the wife had made…