Facts
The dispute opposes A., the claimant, to G., the defendant. In 1966, A. brought a paternity action against G. before the District Court of Zurich. Although G.'s paternity could neither be excluded nor proven with certainty, the parties concluded a settlement agreement in 1967 by which G. undertook to pay monthly maintenance contributions to A. until the latter reached the age of 20 at the latest. In 1974, A. requested a modification of these contributions under Art. 320 CC, which the District Court partially granted. However, the Cantonal Court of Zurich annulled this decision and rejected the request for modification. A. then filed an appeal for reform with the Federal Tribunal.Considerations
The Federal Tribunal confirmed the judgment of the Cantonal Court. It considered that the maintenance contributions fixed by contract cannot be modified by the judge under Art. 320 CC, unless the contract contains an appropriate reservation clause. In the present case, the contract did not contain such a clause, and the parties were aware at the time of its conclusion that the defendant's financial situation and inflation could…