Facts
The respondent A.B. filed a request for marital protection with the Cantonal Court of Schaffhausen and, among other things, requested that his spouse B.B. be ordered to pay him a monthly maintenance contribution of CHF 9,000. By order dated October 16, 2000, the marital protection judge lifted the joint household of the parties and awarded the right of use of the marital home to the applicant; he obliged the husband to pay the applicant a monthly maintenance contribution of CHF 8,116. Against this, the respondent filed a nullity appeal with the High Court of the Canton of Schaffhausen, which was dismissed.
The respondent is filing a federal appeal and requests the Federal Court to set aside the contested decision and remand the matter to the lower instance for further clarification and a new decision.
Considerations
The Federal Court does not enter into the appeal, as final cantonal decisions in which marital protection measures are ordered or denied cannot be challenged by the litigant with an appeal. Rather, cantonal decisions concerning marital protection measures must be submitted to the Federal Court for review by means of a federal nullity appeal or a constitutional appeal due to the exclusion of the appeal.
The reason for this is that marital protection measures are generally of a merely provisional nature and do not become legally binding. They can be amended informally or at least more easily if the circumstances change. In contrast,…