Facts
This case concerns an action for prohibition of marriage (Art. 111 CC) brought by Werner Hansjörg Spross, son of the fiancé Josef Hugo Spross, against the planned marriage of his father with Bertha Schnider. During the proceedings, the fiancés married abroad, in England. The cantonal courts then declared the request for prohibition of marriage moot. The son appealed this decision to the Federal Tribunal.
During the appeal proceedings, the fiancé Josef Hugo Spross passed away. The fiancée Bertha Schnider then had the marriage celebrated abroad registered in the Swiss civil status register, which the son contested by an administrative law appeal still pending.
Considerations
The Federal Tribunal considers that the request for prohibition of marriage has become moot due to the celebration of the marriage abroad during the proceedings. Even if the son considers this marriage null and void under Art. 7f(1) PILA, it must be considered valid until it is judicially annulled.
The Federal Tribunal also rejects the son's argument to convert the request for prohibition of marriage into an action for annulment…