Questione giuridica chiave
Whether a capital lump sum could replace the post-divorce maintenance pension under Art. 126 ZGB.
Decisione estratta
The lump sum was permissible because the concrete circumstances, especially persistent payment default and continuing tensions, justified ending the maintenance relationship by a one-time settlement.
Motivazione estratta
The court held that a lump sum is not legally exceptional under Art. 126 ZGB if special circumstances justify it. The appellant had been in arrears for years, regular payments only began late, and the parties' relationship remained seriously strained.