Question juridique clé
Whether Art. 122 ff. ZGB or Art. 124 ZGB applies when only first-pillar benefits exist and no occupational pension benefit has yet accrued to either spouse.
Solution extraite
Art. 122 ff. ZGB apply because the relevant pension event under occupational pension law had not yet occurred for either spouse.
Motifs extraits
A benefit from the first pillar does not by itself mean that the pension event under Art. 124 ZGB has occurred. Art. 124 requires that one or both spouses already receive or have received occupational pension benefits due to age or invalidity.