Facts
On 27 June 1970, Margrith Frei filed a divorce petition with the District Court of Sursee. The defendant, Ernst Frei, also filed a counterclaim for divorce. On 25 November 1970, the parties concluded an agreement that they described as a "partial settlement regarding the liquidation of the matrimonial property regime". In this agreement, the defendant undertook, in particular, to transfer the ownership of the Schlottermilch property in Sursee - a single-family house with a production hall - to the plaintiff.
On 1 December 1971, the defendant informed the District Court of Sursee that he was revoking his consent to the partial settlement on the matrimonial property regime, as the factual circumstances had fundamentally changed. The company Stöckli AG, to which he had previously purchased his products, had terminated the delivery, so that he needed a new production site. In this situation, he felt compelled to claim the production premises of his Schlottermilch property again. The plaintiff objected to this request and maintained the agreement.
By judgment of 16 December 1971, the District Court of Sursee granted the divorce of the parties and approved the partial settlement of 25 November 1970. This judgment was confirmed by the Cantonal Court of Lucerne on 17 May 1973.
By the present appeal to the Federal Supreme Court, the defendant requests, in particular, that the partial settlement not be approved.
Considerations
The Federal Supreme Court dismisses the appeal. It considers that the agreement on the ancillary effects of divorce, which includes a transfer of real estate ownership, does not need to be established by notarial deed, as judicial ratification can replace this form. Furthermore, the parties are bound by the agreement even before its judicial ratification and cannot revoke it unilaterally.
Certainly, the judge may refuse to approve such an agreement for important reasons, such as…