Facts
On 8 November 1979, the marriage of Rudolf J. and Liselotte D. was divorced by the District Court of Zurich. In the agreement approved by the court, the husband undertook to pay the wife a lifelong monthly pension of CHF 1'100, which was to be increased by CHF 200 each time a payment for the maintenance of the children ceased. A reduction of the wife's pension to one-fifth of the applicant's net income was agreed upon at the time of the applicant's retirement. The pension was indexed. On 2 March 1989, Rudolf J. filed an action before the District Court of Bülach against Liselotte D. to modify the divorce judgment and request the termination of the pension. By decision of 7 September 1989, the District Court partially granted the request and reduced the pension by half. On appeal by Liselotte D., the Higher Court of the Canton of Zurich, by judgment of 20 June 1990, annulled this decision and dismissed the request.Considerations
1. The reduction of a pension intended to compensate for the loss of the right to maintenance, within the meaning of Art. 151(1) CC, due to the improvement of the economic situation of the beneficiary is also possible when the divorce was pronounced before the entry into force of the new matrimonial law. 2. The cause of the improvement in the economic situation of the beneficiary is irrelevant to the question of the reduction. 3. However, a…