Restitution of Real Estate to the Legitimate Heir

Facts

This case concerns a succession dispute over real estate and personal property belonging to Caterina Rossi-Scaroni. In 1911, Caterina Rossi granted a general power of attorney to her brother Lodovico Scaroni to represent her in her affairs in Ticino. In 1919, Lodovico Scaroni used this power of attorney to sell Caterina Rossi's real estate to his nephew Camillo Scaroni, and then repurchase it the same day. Thirty years later, in 1950, Caterina Rossi donated all her assets in Switzerland to Camillo Scaroni. After Caterina Rossi's death, her children and Camillo Scaroni filed a civil action against Lodovico Scaroni to recover the real estate and personal property of the estate.

Considerations

The Federal Tribunal ruled that the contracts concluded on 30 August 1919 between Lodovico Scaroni and Camillo Scaroni were null and void, as they were contracts concluded by an agent with himself, in conflict with the interests of the principal. Caterina Rossi had not expressly authorized or ratified these contracts afterwards. Consequently, Lodovico Scaroni did not acquire ownership of the real estate through these contracts.

Furthermore, the Federal Tribunal considered that Art. 662 CC on extraordinary…