Facts

On June 12, 1986, A., the widow of the writer B., passed away. She had her last domicile in Vaduz (Liechtenstein) and was registered in Basel. In a codicil to her will, she had subjected the division of her estate to Swiss law. She left behind three children, namely the two daughters X. (the appellant) and C. (deceased in 1998; German national with last domicile in Germany), as well as the son D.

After lengthy disputes, the two daughters reached an agreement on the division of the inheritance by contract dated August 15/September 18, 1990. This resulted in an equalization claim of X. against her sister C. in the amount of CHF 49,095. The latter did not pay this claim subsequently.

On February 8, 1995, X. filed a lawsuit against her sister C., the descendants of her now deceased brother D., and the executor of the will at the Civil Court of Basel-Stadt. She requested that the estate of A. be divided in accordance with the inheritance division contract of August 15/September 18, 1990, insofar as this had not yet been done, and in particular that C. be ordered to pay her CHF 49,095 plus interest. On July 3, 1996, the proceedings were discontinued due to C.'s acknowledgment of the claim.

C. passed away on June 6, 1998. She left behind her husband E., the sons F. (deceased on March 2, 2000) and Y. (respondent 1), and the daughter Z. (respondent 2).

On July 3, 2006, X. filed a lawsuit against Y. and Z. at the Civil Court of Basel-Stadt. She requested that, in addition to the acknowledgment of the division claim from 1995, it be established that the defendants, as heirs, had entered into the obligations of C. according to the acknowledgment of the claim and the corresponding dismissal order of July 3, 1996. Accordingly, the defendants should be jointly and severally ordered to pay the equalization payment of CHF 49,095 plus 5% interest since September 18, 1990.

Considerations

The Federal Court has decided that the Basel courts have international and local jurisdiction to assess the claim for payment of the soulte. A claim for performance from an inheritance division contract or the enforcement of an equalization payment (soulte) agreed upon in an inheritance division contract constitutes a matter of inheritance law.

The soulte has its origin in inheritance law and thus has a close connection to it. This also applies to disputes over the soulte, in particular to the claim for…