Questão jurídica principal
Whether the half division of the respondent’s occupational pension assets was manifestly unfair under Art. 123(2) ZGB or abusive under Art. 2(2) ZGB
Decisão extraída
No. The appellant failed to show any basis for departing from the statutory half split; the alleged facts did not meet the strict threshold for manifest unfairness or abuse.
Fundamentação extraída
Art. 123(2) ZGB is applied restrictively to preserve the principle of equal pension splitting. The appellant’s arguments were largely repetitive and appellatory. The respondent’s previous marriage, his lack of household work, and alleged foreign property prospects did not justify refusal of the split.