Facts
The case concerns the annulment of a marriage pursuant to Art. 120 para. 4 CC. The plaintiff, a Swiss citizen, had entered into the marriage with the defendant, a foreign national, solely with the intention of conferring Swiss citizenship on her. The High Court had denied the plaintiff the standing to bring a claim for annulment of the marriage, as he was relying on his own wrongdoing, which would constitute an abuse of rights.
The Federal Supreme Court overturned the judgment of the High Court and remanded the case for a new assessment by the lower instance. It concluded that the prohibition on relying on one's own wrongdoing should not be used to thwart the public interest in the loss of Swiss citizenship acquired through abuse of rights.
Considerations
The Federal Supreme Court stated that the previous case law of the Federal Supreme Court, which considered a so-called "citizenship marriage" void due to abuse of rights, remained valid even after the introduction of Art. 120 para. 4 CC in 1952. However, the prohibition on relying on one's own wrongdoing cannot lead to a marriage, which was entered into solely for the purpose of acquiring Swiss citizenship, remaining valid.
The Federal Supreme Court saw in Art. 120 para. 4 CC the legislator's intention to allow a claim for nullity in the public interest, which is directed not only at the existence of the fraudulently acquired citizenship, but also at the…