Kernrechtsfrage
Whether the husband's AVS/LPP child rentes had to be shared retroactively for the divorce-litigation period
Extrahierter Entscheid
No. In the absence of provisional measures requesting such payment, the final divorce judgment could not order retroactive sharing of the child rentes.
Extrahierte Begründung
Article 285(2) CC does not itself create a retroactive claim in divorce proceedings. Provisional measures govern the period until the judgment on the merits; without them, the wife could not later obtain retroactive payment in the final judgment.