Kernrechtsfrage
Whether the cantonal court violated federal law by focusing on the wife’s firm will to live separately under Art. 175 ZGB
Extrahierter Entscheid
No. The appellate court applied Art. 175 ZGB and its reliance on newer doctrine and practice did not amount to a violation of federal law or arbitrariness.
Extrahierte Begründung
The court held that using cantonal case law and doctrine was still an application of the federal separation provision; a different doctrinal view is not enough to make the decision arbitrary.