Kernrechtsfrage
Whether the modification of the divorce judgment could take effect before the filing date of the modification action, based on an earlier provisional request.
Extrahierter Entscheid
The effects of a divorce-modification judgment generally begin no earlier than the filing of the modification action; the earlier provisional request did not justify an earlier start date.
Extrahierte Begründung
Under settled federal case law, the modification acts prospectively from the request date. A provisional-measures request during pending divorce proceedings cannot replace an action under Art. 153 vCC, especially after the divorce judgment has entered into force. The appellant could have filed the modification action earlier but did not.