Facts
On July 9, 1945, the German national Kurt Schmid died in Vevey. He left his wife Sonja Schmid-Gronau and his father Dr. h.c. Ernst Schmid as his legal heirs. Kurt Schmid had appointed his wife as the sole heir. The assets of approximately 5 million Swiss francs were blocked as German property.
Dr. h.c. Ernst Schmid initially asserted inheritance claims, but then did not accept his son's will. On June 11, 1949, Dr. h.c. Schmid died, and his heirs continued the dispute with Mrs. Sonja Schmid-Gronau. On December 9, 1949, a settlement and inheritance division contract was concluded, under which Mrs. Sonja Schmid-Gronau received approximately 1 million Swiss francs.
On November 21, 1950, Mrs. Sonja Schmid-Gronau declared the contract of December 9, 1949 to be non-binding, as she had been deceived, placed under duress, and exploited. She claimed the entire estate of 5 million Swiss francs as the sole heir.
Considerations
The Federal Supreme Court came to the following conclusions
1. The assignment of Mrs. Sonja Schmid-Gronau's claims to Demetrius Papavramidès on February 13, 1950 was subject to a suspensive condition, as stipulated in the addendum of April 17, 1950. Papavramidès had not "put into effect" the assignment, so Mrs. Schmid-Gronau remained the holder of the rights.
2. The letter from Papavramidès dated July 10, 1950 to the plaintiff's attorney does not prove that the assignment became effective. Papavramidès did not act…