Facts
The [X. AG] , a company, granted the respondent 1 ([YA.] ) a loan of 1.3 million Swiss francs in 1991. Later, there were repayments, so that the loan amount decreased to 1.16 million Swiss francs. On 7 February 2001, the [X. AG] pursued the respondent 1 for 1.47 million Swiss francs. On 18 December 2002, the respondent 1 concluded an inheritance renunciation agreement with his mother [Z.] , by which he renounced his inheritance in favour of his two sons (respondents 2 and 3). On 2 December 2007, [Z.] passed away. By order of 13 February 2009, the single judge in summary probate proceedings assumed that the respondents 2 and 3, as well as other persons, were statutory or appointed heirs.Considerations
The Federal Court dismissed the appeal of the [X. AG] . It concluded that Art. 578 CC, which declares the rejection of an inheritance by an insolvent heir for the purpose of depriving his creditors of it as contestable, is not applicable to the inheritance renunciation agreement. The renunciation of the inheritance merely prevents the future acquisition of the right of inheritance of the renouncing party, but does not result in a transfer of assets and therefore does not meet the criteria of a gift or a gratuitous disposition within the meaning of Art. 286 DEBA. The…