Facts
On 21 November 1997, the High Court of the Canton of Glarus ordered C. to pay his sons A. and B. the Lidlohn (wages) claims of CHF 53,750.-- and CHF 77,085.-- respectively, asserted by them. The High Court decided that the amounts are to be repaid in ten equal annual installments, payable each 30 June, and that any installments not paid on time are to bear interest at 5% from their due date. A. and B. appealed, requesting that C. be ordered to pay the amounts plus 5% interest from 16 May and 30 May 1995 respectively.Considerations
The Federal Supreme Court dismissed the appeals to the extent that it entered into them. The High Court had considered, pursuant to Art. 334 para. 2 CC, that an obligation to immediately pay the Lidlohn (wages) would not at all take into account the undisputed financial difficulties of the defendant. For reasons of equity, the judge may accommodate the debtor in the payment of the Lidlohn (wages) and, under certain circumstances, postpone the due date until the division of the estate.
According to the Message on the Act, the judge, in deciding on the amount of compensation and the manner of payment, should primarily take into account the financial capacity of the debtor. Payment facilitations can be granted by granting payment deadlines, setting up a repayment plan,…