Facts
X. and [Y.] lived together in a marriage-like relationship from 1969 and intended to marry as soon as [Y.] was divorced from his then-wife. X. worked as a medical consultant and also worked in the pension of her partner Y. In 1975, the pension was converted into a hotel, for the management of which X. obtained a hotel license. The two parties concluded a management contract, under which X. took over the management of the hotel for a monthly fee of CHF 2,800.-- In June 1977, the relationship broke down, X. moved out with the common daughter and gave up her work in the hotel. In October 1979, X. sued [Y.] for payment of CHF 120,000.-- plus interest as compensation for her work in the defendant's business.
Considerations
The Federal Court decided that in this case, not the law of employment contracts, but the liquidation provisions of the simple partnership should be applied. For the parties had formed a comprehensive life partnership, in which both partners strived for the economic success of their partnership and worked together towards this goal. The plaintiff's activity in the defendant's business cannot be separated from this framework, so…