Questione giuridica chiave
Whether the court president had subject-matter jurisdiction to decide a divorce-modification action by analogy to § 11 lit. d ZPO.
Decisione estratta
No. Subject-matter jurisdiction for actions seeking modification of divorce judgments lies in all cases with the district court under § 12 Abs. 2 ZPO; analogy to § 11 lit. d ZPO is impermissible.
Motivazione estratta
The court held that subject-matter jurisdiction must be examined ex officio. For actions to modify divorce judgments, the statute expressly assigns jurisdiction to the district court, and the single judge cannot derive jurisdiction by analogy from the provision relied upon.