Facts
On October 30, 1973, Z. granted B. SA a right of pre-emption on his chalet located in the municipality of Gingins, district of Nyon. This right of pre-emption, with an expiry date set for February 28, 1974, was registered in the Land Register on November 6, 1973.
On November 14, 1973, B. SA requested and obtained the sequestration of the property. The restriction on the right of alienation resulting from this sequestration was registered in the Land Register on November 16, 1973. The property was also seized on November 26, 1973 at the request of other creditors.
On February 22, 1974, B. SA exercised its right of pre-emption and the sale deed was executed. The contract was deposited in the Land Register on March 1, 1974.
Considerations
According to the previous case law of the Federal Tribunal, the holder of a right of pre-emption registered in the Land Register had to obtain the authorization of the Debt Collection Office before exercising it, due to the seizure of the property. However, this case law has been criticized by legal doctrine, which considers that the pre-emption pact is a sale under a suspensive condition and that the debt collection actions subsequent to the registration of the right of pre-emption cannot prevent the sale from being perfected by the exercise of this right.
The Federal Tribunal abandons its previous case law here and considers that the right of pre-emption registered in the Land Register takes precedence over any right subsequently acquired on the…