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BGE 19 I 166 ΓÇó Two-year remarriage ban unlawful after divorce under Art. 45
BGE 19 I 166Federal Supreme Court Official Reports (BGE) / Band INov 12, 1892Modified
The Federal Court reviewed only whether the husband could lawfully be barred from remarrying for two years after a divorce granted under Art. 45 CStG. It held that the waiting period in Art. 48 CStG applies only to divorces based on a specific fault ground under Art. 46 and may be extended only in that context. Since the divorce here rested on Art. 45, the district court lacked authority to impose the remarriage ban. The appeal was therefore upheld and the ban deleted; the divorce itself remained unchanged.
Art. 48 CStG; remarriage ban after divorce only in case of divorce for a specific ground under Art. 46, not after divorce under Art. 45. The statutory waiting period and any judicial extension presuppose a divorce pronounced on one of the enumerated fault grounds. Where the divorce is granted on another basis, the court may not impose a remarriage prohibition. The dispositive part imposing such a ban is therefore unlawful and must be deleted (consid. 1).