Facts
On June 28, 1984, the marriage of A. and B. X. was finally divorced. With a payment order dated August 6, 1984, B. X. initiated debt collection proceedings against the divorced A. X. for a claim of CHF 900 (arrears in maintenance payments for July and August 1984) plus interest. She based this on a decision of the matrimonial law judge dated March 7, 1983, whereby A. X. had been obligated to pay maintenance contributions of CHF 950 per month. A. X. filed an objection. B. X. then filed a request for the granting of definitive enforcement with the competent District Court President. The District Court President partially granted the request and granted definitive enforcement for the amount of CHF 450 plus interest. Upholding a complaint by A. X., the High Court of the Canton of Aargau, however, rejected the request for enforcement in its entirety.Considerations
The Federal Supreme Court dismisses the constitutional appeal of B. X. It states that with the entry into force of the divorce decree, the marital maintenance obligation pursuant to Art. 160 para. 2 CC definitively lapses. From that point on, a maintenance contribution within the meaning of Art. 151 or 152 CC is owed, provided the requirements of these provisions are met. Therefore, the decision of the matrimonial law judge of March 7, 1983 cannot serve as a legal title for the definitive enforcement of the maintenance contributions claimed by B. X. The view…