Facts
The sisters Mrs. [O.] and Mrs. [Z.] form the community of heirs H. In addition to an agricultural business leased to Mr. Z.'s husband, the inheritance included a larger wine-growing business, which the [Z.] spouses managed for the account of the community of heirs [H.] for approximately ten years. After the death of Mr. [Z.], Mrs. [Z.] prepared an account in which she charged the community of heirs [H.] with CHF 63,501.25 for the management of the wine-growing business by the "[Z.] family" in the years 1951-1960. In the inheritance division proceedings initiated by Mrs. [O.] against Mrs. [Z.], the plaintiff requested a determination that the claimed "wage claim" was unfounded and that the mentioned charge should therefore be deleted.Considerations
The Federal Court dismissed the plaintiff's request for a declaratory judgment. It stated that the heirs are jointly and severally liable for obligations that have arisen in connection with the continued operation of a business of the decedent for their joint account at the expense of the community of heirs. Therefore, the plaintiff as one of the two heirs is entitled to independently file a claim for a declaration of the non-existence of such a debt.
However, a claim against the community of heirs [H.] that has arisen in the person of [Z.] can only be asserted in court by all the heirs together (or by a representative of the heirs, executor or estate administrator on their behalf) in accordance with Art. 602 of the Swiss Civil Code. A claim for a declaration of the…