Facts
The marriage of W. and M. M.-N. was divorced on December 5, 1989. The regulation of the ancillary consequences was based on a convention dated April 25, 1989, which was approved by the competent District Court. On February 16, 1990, M. M.-N. requested the District Court to reopen the proceedings. On December 5, 1990, she demanded the revision of the divorce judgment with regard to the claims pursuant to Art. 151 and 152 of the Swiss Civil Code (ZGB) as well as the claims under matrimonial property law. She invoked deception, threat, and fundamental error as grounds for revision.
The District Court affirmed the existence of a ground for revision. On appeal by W. M., the Cantonal Court of St. Gallen also ruled that the request for revision be granted and the judgment of the District Court of December 5, 1989 be set aside insofar as it concerned the child support contributions, the wife's pension, and the division of matrimonial property.
By appeal dated January 24, 1992, W. M. requested the annulment of paragraphs 1 to 4 of the cantonal court's decision and that the request for revision by M. M.-N. not be considered.
Considerations
The Federal Court dismisses the appeal. It states that a cantonal revision judgment, which merely decides on the admissibility of a request for revision, is not subject to appeal. The provisions on revision belong to procedural law, which is reserved for the cantons according to Art. 64 para. 3 of the Swiss Federal Constitution (BV). If a cantonal decision…