Arrêt de IIe Cour de Droit Civil, 3 décembre 1954
Conférencier | Publié |
Date de Résolution | 3 décembre 1954 |
Source | IIe Cour de Droit Civil |
Chapeau
80 II 193
31. Auszug aus dem Urteil der II. Zivilabteilung vom 3. Dezember 1954 i.S. Bürchler gegen Bürchler.
Regeste
Art. 151 al. 2 CC. Le juge ne peut accorder qu'une somme d'argent à l'époux innocent qui a subi une grave atteinte dans ses intérêts personnels; un autre mode de réparation morale, comme l'allocation d'un franc symbolique, est exclu.
Extrait des considérants: à partir de page 194
Die Vorinstanz hat angenommen, dass in den Umständen, die zur Scheidung geführt haben, eine schwere Verletzung der persönlichen Verhältnisse der Klägerin im Sinne des Art. 151 Abs. 2 ZGB liege. Sie hat aber gefunden, dass die von der Klägerin zum Zwecke der Genugtuung geforderte Zahlung von einem Franken nur symbolische Bedeutung habe und eine solche Genugtuung dem Art. 151 Abs. 2 ZGB fremd sei. Dem ist beizustimmen. Die Klägerin gibt zu, dass es ihr nur um die grundsätzliche Anerkennung des Genugtuungsanspruches durch den Richter zu tun ist; sie sucht...
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