Facts
The case concerns the sale of real estate and business assets by Jean Volkart to Eugen Romann, who was engaged to Volkart's daughter Margrit. The agreed purchase price of CHF 90,000 was significantly below the market value of CHF 155,750. The heirs of Volkart sued Romann for reimbursement of the gratuitous transfer, as the engagement and marriage between Romann and Margrit Volkart did not materialize.
The Federal Supreme Court concluded that it was a mixed transaction, in which a gratuitous transfer was merged with a consideration. Since the reason for the transfer, namely the marriage, did not occur, Romann was obliged to reimburse the gratuitous part of the transfer.
However, the Federal Supreme Court considered that Romann had carried out renovation work on the property in reliance on the final acquisition, which would not have occurred without the gratuitous transfer. Therefore, the amount to be reimbursed was set at CHF 20,000 plus default interest, in order to prevent Romann from being placed in a worse position than if the gratuitous transfer had not occurred.
Considerations
The Federal Supreme Court concluded that it was a mixed transaction, in which a gratuitous transfer was merged with a consideration. Since the reason for the transfer, namely the marriage, did not occur, Romann was obliged to reimburse the gratuitous part of the transfer.
The Federal Supreme Court considered that Romann had…