Facts
The present case concerns a claim for reduction of testamentary dispositions (supplementary claim for compulsory portion) pursuant to Art. 522 of the Swiss Civil Code (ZGB). The plaintiffs, M. and others, filed a claim against the defendants C. and others. The proceedings were assessed by the Federal Supreme Court.
The core of the legal dispute was from which point in time the defendants are obliged to restore the plaintiffs' compulsory portion and pay interest on it. The plaintiffs argued that the obligation to pay interest must exist from the date of the testator's death, as the testamentary dispositions that diminish the compulsory portion are equivalent to unlawful conduct. The lower court, however, had decided that the obligation to pay interest only begins with the filing of the claim, as the supplementary claim for compulsory portion is a claim of a pecuniary nature.
Considerations
The Federal Supreme Court confirmed the view of the lower court. It stated that the supplementary claim for compulsory portion is indeed a constitutive claim (declaratory action) with retroactive effect on the legal situation. However, this does not mean that the defendant is ipso jure, i.e. by operation of law, already in default from the date of the testator's death and must pay interest.
Rather, the supplementary claim for compulsory portion is…