Facts
Dr. Rudolf Peiti is the testamentary executor of the deceased Luigi Costa. As the executor, he sued Christian Stoffel and Roman Casty for payment of a claim from a purchase contract of the decedent. The District Court of Maloja did not enter into the claim, as it denied the plaintiff's standing. The Cantonal Court of Graubünden dismissed the appeal and the claim, as it considered the executor not as a party, but merely as a representative of the estate.
Dr. Peiti appealed against this judgment to the Federal Supreme Court.
Considerations
The Federal Supreme Court confirmed its previous case law, according to which the executor is a party in proceedings concerning the assets and liabilities of the estate, insofar as he is entrusted with the administration of the relevant estate assets pursuant to Art. 518 of the Swiss Civil Code (ZGB). This view is predominantly held in legal doctrine and case law.
The Federal Supreme Court rejected the view of the lower instance that the executor is merely a representative of the heirs or the undistributed estate. It stated that the executor must…