Facts
The case concerns a guardian who sold the ward's real estate in Italy without the approval of the guardianship authority. The ward later sued the guardian for damages. The Federal Court had to decide whether the guardian can be held liable for the real estate sales.
A.B. was placed under guardianship in 2000. I. was appointed as the guardian, who later sold A.B.'s real estate in Italy without the approval of the guardianship authority. A.B. then sued I. for damages.
The District Court and the Cantonal Court initially dismissed the claim, as no damage had occurred. However, on appeal by A.B., the Cantonal Court ordered I. to pay 118,869 Swiss francs in damages.
Considerations
The Federal Court dismissed I.'s appeal. It stated that the decision on the admissibility of the third-party notice was a procedural order and not an interim decision. Therefore, the Cantonal Court was not bound by the earlier admissibility of the third-party notice by the District Court.
Th…