Question juridique clé
Whether the ex-wife's conduct required suppression rather than reduction of the equitable indemnity under Art. 124 CC and Art. 2 CC.
Solution extraite
In a case of already arisen pension contingency, abuse of rights may be taken into account under the equitable assessment of Art. 124 CC, but it does not necessarily eliminate the indemnity; a reduction can be sufficient.
Motifs extraits
The court held that Art. 124 CC must be read in light of equity and that the abuse-of-rights correction allows the judge to adapt the consequence to the concrete case. Here, the cantonal court reasonably reduced the indemnity rather than abolishing it entirely, given the marriage duration, the wife's childcare role, and the fact that the crime did not cause the husband's invalidity.