Facts
In this case, spouses C. and K. concluded a separation of property contract in 1988, and a divorce ancillary agreement in 1989. Their divorce was pronounced in 1990. After the divorce, spouse K. notified C. of a payment order for the sum of CHF 76,000. C. objected, invoking a set-off with amounts he allegedly overpaid for household maintenance. He also claimed payment of CHF 123,537, based on CC Art. 165 regarding fair compensation for extraordinary contribution to family maintenance. The cantonal courts rejected this claim on the grounds that C. was time-barred for not having raised it in the divorce proceedings.Considerations
The Federal Tribunal confirmed the rejection of C.'s claim based on CC Art. 165. It considered that the right to fair compensation provided for in this provision is a matrimonial claim that must be asserted at the latest in the divorce proceedings, in accordance with the principle of the unity of the divorce judgment. Since C. did not assert this claim during the divorce, he is time-barred from…