Questão jurídica principal
Whether the holiday apartment could be allocated for alternating use rather than to the wife exclusively
Decisão extraída
The alternating-use arrangement was permissible; the wife had no constitutional right to exclusive use.
Fundamentação extraída
Art. 176 Abs. 1 Ziff. 2 ZGB also covers a vacation home used as an eheliche Wohnung. In balancing interests, both spouses had a legitimate and equal interest in sporadic holiday use, and the lower court's arrangement was not arbitrary.