Validity of a real estate sales contract concluded by a legal representative without the approval of the supervisory authority

Facts

The dispute concerns the validity of a real estate sales contract concluded on 29 October 1981 by the heirs of Adolf H., one of whom was under guardianship. Although the guardian signed the contract on behalf of the ward, the supervisory authority did not approve the sale as required by Art. 404 para. 3 CC. One of the heirs, Rosmarie H., subsequently contested the validity of the contract and demanded additional payment from the buyers.

Considerations

The Federal Tribunal considers that the sales contract was subject to the approval of the supervisory authority, even if the real estate did not belong solely to the ward. However, the consent of the guardianship authority is not subject to the same formal requirements as the sales contract itself.

Furthermore, the legal representative was authorized to conclude the contract on behalf of the ward, but it remained suspended until the approval or rejection of the supervisory authority. Failing to request this approval or set a deadline for…