Facts
In this case, it was about a claim by heirs against a co-heir for payment of default interest. The heirs had previously won a reduction claim against the co-heir, whereupon the latter paid out the specified amounts. The heirs now demanded default interest on these payments as well as on the Lidlohn (legacy wages) awarded to them.
The Federal Supreme Court dismissed the claim for default interest. It stated that the co-heir was not in default, as the reduction claim only established a claim for performance with the legal force of the judgment. Until then, the testator's gift had its full effect. Also, no default interest was owed for the Lidlohn claims, as these can only be asserted at the time of division and no interest accrues until then.
Furthermore, the claim for unjust enrichment was dismissed, as the co-heir was entitled to the testator's gifts until the legal force of the reduction judgment, and he also owed no interest on the Lidlohn. In addition, the claim for unjust enrichment had a subsidiary character compared to the other claims, as the heirs had other legal remedies such as the division claim available to them.
Considerations
The Federal Supreme Court concluded that the co-heir was not in default and therefore owed no default interest. The reduction claim only established a claim for performance with the legal force of the judgment, until then the testator's gift had its full effect. Also, no default interest was owed for the…