Facts
On January 27, 1990, Dr.med. M. concluded a sales contract with the heirs of the late Dr.med. E. for the purchase of his gynecological practice. The sale price was 70,000 CHF, including all medical records of the patients. M. refused to pay this amount, arguing that the value of the practice was too high due to the state of the medical records. The heirs E. brought an action for payment of the sale price and interest. The court condemned M. to pay the amount of 70,000 CHF as well as interest. M. appealed to the Federal Court, which confirmed the court's decision.
Subsequently, disagreements arose between the parties regarding the execution of the contract. M. demanded the delivery of all medical records, while the heirs E. refused, arguing that only the names and addresses of the patients were due. M. finally waived the sellers' performance and reserved the right to claim damages. The heirs E. then initiated a debt collection procedure to obtain payment of the due amount. After obtaining a final waiver decision, M. paid the amount of 85,913 CHF. M. then again demanded the delivery of all medical records, which the heirs E. refused.
M. then brought an action for reimbursement of the paid amount and damages. The court granted his request, but the heirs E. appealed to the Federal Court.
Considerations
The Federal Court examined the question of whether the res judicata exception opposed M.'s action. The court considered that the res judicata exception was not applicable, as the dispute concerned a new issue, namely the delivery of medical records after M.'s condemnation to pay the sale price.
The court also examined the issue of the debtor's default and the creditor's option in case of default. It considered that M. had the right to demand the…