Facts
The case concerns a dispute between two brothers, A.R. and B.R., regarding the sale price of 60 shares of the company J.R. AG. The two brothers had signed a schenkung contract on December 22, 1983, which provided that the sale price of the shares would be determined by an independent expert opinion in the event of a dispute. On February 4, 1993, B.R. summoned A.R. to sell him the shares at a price determined by expert opinion. A.R. refused, arguing that the price had not yet been determined. The court of first instance ordered A.R. to pay the sale price, which was determined by an expert opinion. The court of appeal confirmed this decision.
The key facts are as follows
- On December 22, 1983, A.R. and B.R. signed a schenkung contract which provided that the sale price of the shares would be determined by an independent expert opinion in the event of a dispute.
- On February 4, 1993, B.R. summoned A.R. to sell him the shares at a price determined by expert opinion.
- A.R. refused, arguing that the price had not yet been determined.
- The court of first instance ordered A.R. to pay the sale price, which was determined by an expert opinion.
- The court of appeal confirmed this decision.
Considerations
The Federal Court examined the arguments of the parties and concluded that the schenkung contract of December 22, 1983, effectively provided that the sale price of the shares would be determined by an independent expert opinion in the event of a dispute. The Court also considered that B.R.'s summons of February 4, 1993, was valid, as it clearly indicated that A.R. had to sell the shares at a price determined by expert opinion.
The Court also examined the issue of determining the sale price and concluded that the independent expert opinion…