Facts
The appellant and the respondent lived in a cohabitation relationship from 1984 until the end of June 2000. During this time, they jointly invested in various assets, including a holiday apartment in [A.] . After the separation, the respondent signed a declaration waiving all claims to the joint assets.
The appellant filed a lawsuit with the District Court of Zurzach, seeking the transfer and assignment of the co-ownership share No. xxx in the house [W.] , [A.] , as well as recognition of a claim of CHF 3,420.-- and the cancellation of the legal lien in the debt enforcement proceedings. The respondent requested the dismissal of the lawsuit and the liquidation of the simple partnership.
The District Court dismissed the lawsuit and ordered the liquidation of the simple partnership. The respondent appealed to the High Court of the Canton of Aargau, which dismissed the appeal. The appellant filed an appeal with the FSCA.
Considerations
The FSCA examined the appeal and came to the conclusion that the lower court had not violated federal law. The appellant complained of a violation of the general procedural guarantees under § 22 of the Constitution of the Canton of Aargau, which, however, cannot be heard by the FSCA because it was not raised in the appeal proceedings before the High Court.
The appellant also complained of a violation of Art. 549 CO, as the respondent's request for liquidation of the simple partnership had not been…