Facts
This case concerns a dispute over the interpretation of a sales contract. The facts are as follows:
- The property in question has been divided into condominium units since 1968 and has been managed by the F. SA real estate agency since 1975.
- C. inherited an apartment and three lots of this property in 2000.
- In 2002, C., represented by K., the administrator of the F. SA real estate agency, sold a service room to the X. spouses.
- In 2007, C. discovered that lot no. 8.02 had been merged with lot no. 8.03 to form the service room sold to the X. spouses.
- C. then filed a claim to recover lot no. 8.02 against the X. spouses.
Considerations
The Federal Tribunal upheld the appeal of the X. spouses and considered that the Court of Justice had violated federal law by basing itself on the actual will of C., whereas it is the will expressed by her representative K. that is decisive for the conclusion of the contract and must be attributed to her.
Indeed, according to case law, when a party to a contract expresses its will through a representative, it is the will expressed by the representative that is decisive for the conclusion of the contract. The interpretation of the content of…