Facts

The case concerns a declaratory action for ownership, in which the appellant, the nephew of the deceased [A.Z.], claims sole ownership of various items. The spouses [A.Z.] and [B.Z.] had concluded a marriage and inheritance contract in 1989, in which they waived mutual property and inheritance claims. After the death of [A.Z.] in 2003, the appellant inherited his entire estate, including the two apartments. After the death of [B.Z.] in 2011, her brother, the respondent, inherited her estate.

Considerations

The Federal Supreme Court confirms the decision of the Cantonal Court, according to which the appellant has not provided proof of his sole ownership of the contested items. Neither the marriage and inheritance contract nor the wills of the spouses clearly indicate that the items were the sole property of [A.Z.]. The email from the legal representative of the respondent cited by the appellant also does not clearly recognize the sole ownership of [A.Z.]. Rather, the Cantonal Court has reasonably assessed the email as the respondent expressly contradicting the appellant and stating that there is "no evidence whatsoever" for the sole ownership of [A.Z.].

Regarding the eight other items in the 1-room apartment,…