Marriage Annulment Due to Pre-Marital Deception on Marital Roles

The appellate court overturned a lower court's decision and annulled a marriage under Article 107 Ziff. 3 of the Civil Code, finding that the respondent intentionally deceived the appellant regarding essential personal characteristics, specifically his attitude toward the wife's role in the marriage. The court reasoned that the husband's subsequent imposition of a patriarchal view, involving severe control and isolation, directly contradicted his pre-marital assurances to adopt the appellant's Swiss lifestyle, constituting a deception about a core personal trait regarding marital life that was subjectively decisive for the marriage. Furthermore, the court found the uncontested complete refusal of sexual contact by the respondent also supported the finding of a ground for invalidity.