Facts
On June 9, 1933, the District Court of Brugg granted a divorce between Fritz [B.] and Marguerite G. at the request of the wife, pursuant to Art. 142 CC, due to the husband's predominant fault. The parties then concluded an agreement regulating the ancillary effects of the divorce, which notably provided that Fritz [B.] would pay his ex-wife a monthly annuity of CHF 200.- for life or until her remarriage. After Fritz B.'s death on March 2, 1957, his widow refused to continue paying this annuity. The ex-wife then filed an action for a declaratory judgment to establish that the widow was obliged to fulfill this obligation. The Cantonal Court of Zurich rejected this claim.Considerations
The Federal Tribunal considers that the annuity provided for in the divorce agreement should not be considered transmissible to Fritz B.'s heirs. Indeed, this annuity was intended to compensate the ex-wife's loss of the right to marital support following the divorce, but this maintenance obligation expires upon the debtor's death. Nothing in the agreement indicates that the annuity had other grounds, such as compensation for the…