Facts
On 4 October 1974, A. purchased from X. a watercolor entitled « Modèle et Sculpture » attributed to Picasso for 25,000 Swiss francs. The seller guaranteed the authenticity of the work. In 1985, when A. wanted to sell the work, doubts about its authenticity were expressed. The « Comité Picasso » confirmed these doubts. A. then asked the seller's widow, who had since deceased, to take back the work and refund the price. Faced with the widow's refusal, A. brought a lawsuit to obtain a refund of the price.
The cantonal courts rejected A.'s claim due to the statute of limitations. A. appealed to the Federal Court.
Considerations
1. The annulability of a sales contract due to an error regarding the authenticity of a work of art
The Federal Court recalled that, according to case law, the buyer can choose between a warranty claim or invalidation of the contract due to a defect in consent (error) if the seller provided false information or assurances about the item sold. The Federal Court confirmed that the buyer can invoke error to contest the validity of the contract, even if the seller guaranteed the authenticity of the work.
2. The statute of limitations for a claim for restitution
The Federal Court examined the question of whether the claim for restitution was time-barred. It recalled that, according to Article 67 paragraph 1 of the CO, the claim for restitution is time-barred after one year from the…