Facts
Fritz M. and Margrit F. are the descendants of M., who died in 1980. M. sold his agricultural operation to his son Fritz M. in 1979. Margrit F. worked for 18 years on her father's operation. After M.'s death, Margrit F. claimed payment of a salary (Lidlohn) of 27,300 Swiss francs for her work. The district court partially granted her claim in the amount of 13,500 Swiss francs, a decision confirmed on appeal by the cantonal court. The defendant has filed an appeal for reform with the Federal Tribunal.Considerations
According to Art. 334 para. 1 CC, adult children or grandchildren who have dedicated their work or income to the household of their parents or grandparents may claim appropriate compensation. The judge decides on the amount according to equity (Art. 334 para. 2 CC). The Federal Tribunal exercises limited control over these equity decisions, intervening only if the judge has deviated without reason from the principles established by doctrine and case law, has taken into account irrelevant facts or has omitted essential elements.
The Federal Tribunal has ruled that the salary scales established by the Swiss Farmers' Secretariat in Brugg must in principle be considered appropriate. However, these scales may be increased if the intention of the deceased to grant higher compensation is evident from the circumstances. In the present case, the fact that the deceased had paid his son significantly higher…