Facts
The X. Family Fund is a family foundation established in 1922 by B.X. and his wife C.X. with the purpose of providing for the educational, assistance and other similar expenses of the family members. The circle of beneficiaries is limited to "persons descending in lawful marriage from the founders and bearing the name X.". In 1987, the general assembly expanded this circle to include daughters born X. and their children of the first degree. The grandson of the founders, A.Y., requested to be admitted as a member of the family fund, but his request was rejected. He then filed a lawsuit, primarily concluding to the nullity of the foundation and subsidiarily to his admission to the circle of beneficiaries. The cantonal court partially granted the request, finding the partial nullity of the foundation for the movable property and ordering their restitution to the legal heirs. It also pronounced the admission of the applicant and his descendants into the circle of beneficiaries. The X. Family Fund appealed against this judgment to the Federal Tribunal.Considerations
The Federal Tribunal upheld the appeal and rejected the request.
Firstly, the conditions for a modification of the purpose of the foundation under Art. 86 para. 1 CC are not met. The original purpose of the foundation, which is to grant subsidies to a circle of beneficiaries freely determined by the founder, has not objectively changed despite the evolution of matrimonial law. This purpose remains achievable and falls within the exhaustive list of Art. 335 para. 1 CC.
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