Confirmation of the Defendant's Right of Purchase over the Statutory Pre-Emption Right of the Plaintiff

Facts

- Fritz Schiess has held a right of purchase over 6000 m2 of land belonging to Alfred Forrer, which has been registered in the Land Register since 1950. Schiess exercised this right of purchase in 1960 and obtained a judgment obligating Forrer to transfer the ownership. - When Schiess applied for the registration in the Land Register, Mrs. Ellen Forrer asserted a statutory pre-emption right under Art. 6 EGG. - The lower instances dismissed Mrs. Forrer's claim, as the defendant Schiess's right of purchase takes precedence over the subsequently introduced statutory pre-emption right.

Considerations

- The Federal Supreme Court confirms the decision of the lower instances. - The right of purchase of the defendant Schiess, which was agreed upon in 1950 and registered in the Land Register, takes precedence over the statutory pre-emption right of the plaintiff Forrer, which was introduced in 1953. - This results from the transitional provisions in the final title of the Swiss Civil Code (ZGB), according to which the new law…