Facts
The present case deals with the validity of a contract on a future inheritance. The Federal Supreme Court had to clarify under what conditions such a contract is legally valid.
The central questions were the interpretation of the requirement of the testator's "participation and consent", the legal nature of the contract, and the formal requirements.
Considerations
The Federal Supreme Court adheres to its previous case law, according to which the participation and consent of the testator are required for the validity of a contract on a future inheritance. It understands "participation" not as participation in an inheritance contract, but as a clear expression of the testator's consent to the contracting parties.
The contract itself is a contract between the alienating heir and the acquirer and has only obligatory effect, i.e. the acquirer only receives a claim to the share that falls to the alienator in the division. The testator himself is not bound by the contract.
The written form is required for the validity…