Key legal question
Whether the divorce action satisfied Art. 56 C.St.G. by proving that the Swiss divorce judgment would be recognized in the parties' home state.
Extracted holding
The proof had to be strict, and the certificate produced by Tiarks did not establish with sufficient certainty that recognition in Hamburg was guaranteed.
Extracted reasoning
The Federal Court reiterated its case law that Art. 56 C.St.G. requires strict proof of recognition in the home state. The cantonal court was entitled to doubt the competence and binding effect of the Hamburg authority's statement and to conclude that reciprocity was not sufficiently shown.