Facts
In a 1986 inheritance distribution contract, the daughter [C.] was granted a right of purchase on three properties that were assigned to her stepmother E. [Y.] . In 2009, E. [Y.] gifted the properties to her nephews A. and B. [X.] . In 2010, [C.] exercised her right of purchase, upon which A. and B. [X.] filed a complaint with the Federal Supreme Court.Considerations
The Federal Supreme Court decided the following:- The time limitation of the right of purchase to 10 years introduced in Art. 216a CO does not apply in the present case, as the right of purchase was already agreed upon prior to the entry into force of this provision. The intention of the parties was to grant the right of purchase without any time limitation, and this intention must be protected. - [C.] 's exercise of the right of purchase in 2010 was timely, as the…