Facts
This decision concerns a nullity appeal filed by X. against Y. The case concerns the rejection by the cantonal court of the applicant's request for an increase in the maintenance contribution in the protective measures of the marital union procedure.Considerations
The Federal Tribunal considered that Art. 138 para. 1 CC, relating to the introduction of new evidence and new conclusions in the appeal procedure in divorce matters, does not apply to the protective measures of the marital union procedure or to the provisional measures procedure during the divorce proceedings. Indeed, these procedures are primarily aimed at a rapid resolution of the dispute, unlike the divorce procedure where the search for the truth and the material accuracy of the judgment are the priority.
Consequently, the…