Facts
The plaintiff F. S. was born on May 22, 1975 as the daughter of V. S. In January 1976, she filed a paternity suit against O. A. based on Art. 307/319 of the former Swiss Civil Code (aZGB). A biostatistical expert opinion resulted in a paternity probability of the defendant of 99.9%, whereupon he acknowledged the paternity. Shortly before the entry into force of the amendment of the provisions of the Swiss Civil Code (ZGB) concerning the child relationship on January 1, 1978, the parties still disputed the maintenance payments of the defendant before the High Court of the Canton of Zurich.
By judgment of September 12, 1978, the High Court only regulated the maintenance contributions, without establishing the child relationship between the plaintiff and the defendant. The plaintiff subsequently tried in vain to obtain a supplementation of the judgment with the determination of the child relationship.
On June 19, 1979, the plaintiff filed a declaratory action with the District Court of Zurich, which she based on Art. 13a of the Transitional Provisions of the ZGB. The District Court upheld the claim and determined that the plaintiff was the child of the defendant. The defendant appealed this judgment to the High Court, which dismissed the claim on December 8, 1981.
Considerations
The Federal Supreme Court upholds the appeal of the plaintiff and determines that the child relationship exists between her and the defendant.
The Federal Supreme Court states that the High Court in its judgment of September 12, 1978…