Facts
In the context of the divorce proceedings between Y. (plaintiff) and Z. (defendant), the Supreme Court (Civil Division I) of the Canton of Zurich rendered an appeal judgment on November 29, 2002, which notably provided for: - The payment by the plaintiff to the defendant of an indemnity within the meaning of Art. 124 CC in the form of a monthly annuity of CHF 1,000, payable until February 2004 and then directly to the defendant. - The payment by the plaintiff to the defendant of a maintenance allowance within the meaning of Art. 125 CC of CHF 700 per month. - The payment by the plaintiff of a compensatory indemnity for the matrimonial property regime of CHF 40,531.20. The Federal Supreme Court dismissed the defendant's appeal, to the extent that it had not become moot.Considerations
4. The central point of the dispute concerns the defendant's right to an indemnity in respect of occupational pension benefits. When the pension contingency has already occurred for one of the spouses, an equitable indemnity must be paid pursuant to Art. 124 para. 1 CC. Since the plaintiff only had an annuity as his sole asset, the Court considered that an indemnity in the form of an annuity was appropriate, rather than a lump-sum payment. This annuity was set in a way that took into account the specific pension needs of both spouses, and not based on the principles of Art. 122 CC (equal division of a hypothetical pension asset). The Court also ruled that the annuity should be structured in a way that it is inalienable and non-transferable, both actively and passively, so that it does not fall into…