Facts
On 26 May 1959, the Court of Appeal of the canton of Berne rendered a divorce judgment. The wife appealed to the Federal Tribunal, but it declared the appeal inadmissible on 2 September 1959 due to a lack of motivation. On 17 March 1966, the wife filed a request with the Federal Tribunal, alleging irregularities in the divorce procedure and requesting the revision of the entire procedure.
The parties involved are the wife and the Federal Tribunal. The key dates are 26 May 1959, 2 September 1959, and 17 March 1966. The main issue is the revision of the divorce judgment and the protective measures of the marital union.
Considerations
The Federal Tribunal examined the wife's request and decided not to consider the revision application. According to Article 136 ss FJA, the revision of a Federal Tribunal judgment is possible, but only for a reason concerning that judgment itself. In this case, the wife requested the revision of the entire procedure, which is not possible.
The Federal Tribunal also examined the question of whether the protective measures of the marital union can be modified under substantive law. According to Article 172 CC, these measures can be modified when circumstances change. However, the Federal Tribunal decided that the decisions made in the context of the marital union protection procedure are not subject to revision before…