Facts
The parties form an estate community as descendants of their deceased parents and have been disputing the division of the estate for years. The subject matter of the dispute is the assignment of the agricultural enterprises "A." and "B.". The Commission for Peasant Inheritance Law assigned the enterprises to the respondent R., as he, unlike the appellant X., has a descendant who is eligible for the later takeover. The District Court and the Higher Court confirmed this assignment.
X. and Z. appeal the decision of the Higher Court to the Federal Supreme Court. They request the assignment of the agricultural enterprises to the appellant X.
Considerations
The Federal Supreme Court examines whether the case law on the old provisions of peasant inheritance law (Art. 620 et seq. of the former Swiss Civil Code) is still applicable under the new Federal Act on Rural Land Law (BGBB). It concludes that the criteria developed in literature and case law for assessing suitability for self-operation can also be applied under the new law, as the concept of suitability for self-operation is identical in the old and new law.
The Federal Supreme Court further states that the existence of descendants can be a criterion for assessing suitability for self-operation within the…