Facts
The spouses Pietro Scardanzan and Anna Maria Scardanzan-Rossi operated the "Gemsli" restaurant in Davos. After their deaths in 1959 and 1961 respectively, an inheritance dispute arose between their heirs. The plaintiffs Maria Borsa-Scardanzan and Egidio Scardanzan demanded that their co-heir Emma Renner-Scardanzan, who had been operating the restaurant since 1945, pay rental fees to the community of heirs for the use of the "Gemsli".
The District Court partially granted this request, but the Cantonal Court of Graubünden denied that Emma Renner was obligated to pay rental fees.
With their appeal to the Federal Supreme Court, the plaintiffs maintained their claim that Emma Renner had to pay rental fees to the community of heirs for the operation of the "Gemsli".
Considerations
The Federal Supreme Court partially granted the appeal and remanded the case to the Cantonal Court for re-evaluation.
The Court stated that the allocation of the "Gemsli" to Emma Renner in the inheritance contract should be considered a distribution provision and not a bequest. Therefore, Emma Renner would only be entitled to the allocation of the property at the time of the division of the estate. Until then, the property belonged to the community of heirs, who had to bear the burdens and claim the benefits.
Consequently, Emma Renner would have to pay rental…