Rejection of the Order for Separation of Property by the High Court of the Canton of Lucerne

Facts

The President of the District Court II of Lucerne-Land annulled the joint household of the spouses R.-A. on June 15, 1988 and regulated the consequences of living separately. However, he rejected the request made by the wife for an order of separation of property. The High Court of the Canton of Lucerne confirmed this decision in appeal proceedings.

The wife challenged the decision of the High Court by way of a constitutional complaint due to a violation of Art. 4 of the Federal Constitution. The Federal Supreme Court took up the complaint and dismissed it.

Considerations

The Federal Supreme Court states that the order for separation of property under Art. 176 para. 1 no. 3 of the Swiss Civil Code is a measure of marital protection, but due to its incisive nature, it can only be challenged by way of a constitutional complaint, not by appeal.

The High Court of the Canton of Lucerne rejected the order for separation of property, as it did not consider the requirements for it to be fulfilled. The Federal Supreme Court examines whether…