Facts
The case concerns a contract for the transfer of a medical practice between Dr. E. and M., a doctor who wanted to take over the practice. The contract provided for the transfer of the goodwill of the practice, including patient records. Dr. E. died before signing the contract, and his wife and son continued the negotiations with M. Finally, an agreement was reached for a price of 70,000 Swiss francs, including patient records.
The parties then disputed the issue of whether the contract was valid, given that the patient records contained confidential information. The court had to determine whether the contract was unlawful due to the protection of patients' personality.
Considerations
The court examined the issue of the contract's validity under Article 20 of the Federal Act on Obligations (CO) and Article 28 of the Swiss Civil Code (CC). It considered that the contract for the transfer of the medical practice was not unlawful in itself, as it concerned the transfer of the goodwill of the practice, which is an essential element of the medical practice.
However, the court also examined the issue of the protection of patients' personality, under Article 28 of the Swiss Civil Code. It considered that the patient records contained confidential information that was protected by law. However, it also considered that the transfer of these records to M. was justified, as it was necessary to allow M. to contact the patients and continue…