Facts
X. and Y. were married on September 28, 2000. On October 24, 2006, their daughter Z. was born. Y. filed an action to contest paternity against the mother and the child. The district court found that Y. is not the father of Z. X. appealed against Y. and Z. The cantonal court refused to enter into the merits of the appeal on the grounds that the mother and the child form a necessary passive joinder, so that the mother cannot alone file an appeal. The Federal Tribunal upheld X.'s appeal and remanded the case to the cantonal court to rule on X.'s appeal.Considerations
According to the case law of the Federal Tribunal, the mother and the child form a necessary passive joinder in an action to contest paternity. However, this does not prevent the judgment rendered against the mother and the child from being challenged by the mother or the child alone. This case law is justified by the risk of a conflict of interests between the mother and the child, as well as by the declaratory effect of the judgment on the child's status. This solution has been maintained despite the entry into force of the Swiss CPC, as it is the substantive law that determines the cases where several persons must act together in court.
The Federal Tribunal considers that the…