Facts
The case concerns a dispute between the brothers Peter, Florian and Andreas Bregenzer regarding their co-ownership of real and personal property. After the death of their father, Peter and Andreas took over the agricultural operation as co-owners. Florian then moved into the family home. Tensions arose, particularly due to Florian's irascible and authoritarian character. He notably threatened to leave the operation if things did not go according to his will, refused his brother Peter's offers of mediation, interrupted important agricultural work, and even physically assaulted family members. Faced with this behaviour, Peter initiated legal proceedings to exclude Florian from the co-ownership.
Considerations
The Federal Tribunal considers that the right of co-ownership has taken on a more collective dimension since the revision of the CC in 1963. Co-owners now have duties towards the community, in particular to behave in a manner compatible with it. Art. 649b CC allows the exclusion of a co-owner who seriously violates his obligations towards the others, making the continuation of the community intolerable for them.
In this case, the behaviour of Florian Bregenzer, characterized by his irascible temperament, his lack of respect towards the other…