Facts

In the context of the parties' divorce, the lower court awarded the defendant wife a monthly compensation pension within the meaning of Art. 151(1) CC for the loss of the right to maintenance, in the amount of CHF 50. This pension could be:
  • a) increased in the event of a substantial reduction in the defendant's earning capacity or income opportunities
  • b) reduced in the event of a non-culpable and substantial reduction in the plaintiff's earning capacity or income opportunities
Before the Federal Tribunal, the defendant filed a principal appeal to have the reduction reserve removed, and the plaintiff filed a joint appeal to have the increase reserve removed.

Considerations

The Federal Tribunal considers that the possibility of increasing a pension granted under Art. 151 CC cannot be accepted. Indeed, the previous case law of the Federal Tribunal has established that Arts. 151 to 153 CC only allow for the reduction or termination of the pension, and not its increase, even if a general reserve on this matter is provided for…