Facts
The present case concerns an appeal against a marital protection decision in which the judge, pursuant to Art. 176 of the Swiss Civil Code (ZGB), regulated the separation of the spouses. The Federal Supreme Court has consistently ruled that such marital protection decisions are not to be considered final decisions within the meaning of Art. 48 para. 1 of the Federal Supreme Court Act (OG) and therefore cannot be challenged by way of an appeal.
The Federal Supreme Court adheres to this case law, as marital protection decisions have a distinctly provisional character. They regulate the relationship between the spouses only for the duration of an extraordinary situation and cease to apply as soon as the circumstances normalize or a divorce is pronounced. The fact that marital protection decisions cannot be reviewed in ordinary proceedings and can only be modified with effect for the future does not change their provisional nature.
The Federal Supreme Court sees no reason to deviate from its previous case law, especially since the…