Facts
The husband filed for divorce against his wife with the Cantonal Court of Zug and requested a summons to a conciliation hearing. The judge at the Cantonal Court informed the wife that due to the brief grounds stated in the claim, there was no room for a conciliation hearing. The wife then filed a complaint, which was partially upheld by the Federal Supreme Court. The High Court subsequently dismissed the cantonal complaint and set a deadline for the wife to file a statement of defense. The wife then filed a civil appeal to the Federal Supreme Court against this decision.Considerations
The Federal Supreme Court decided that the conciliation hearing pursuant to Art. 291 CPC must be held in principle. The wording and systematic position of the provision, as well as the legislative history and the purposes of the conciliation hearing, lead to the conclusion that the court must summon the parties to a conciliation hearing ex officio and in every case after receiving a divorce…