Facts
The dispute concerns the estate of F.A. and the distribution of shares in the company H. AG. The heirs C.A. and D.A. filed an action for division of the estate against the heirs A.A. and B.A. After the district court rendered a judgment, the parties appealed. During the appeal proceedings, C.A. and D.A. declared that they were withdrawing their conclusions regarding the distribution of the shares (conclusions 3 of the claim). The cantonal court then considered this withdrawal to be valid and ruled accordingly. The heirs A.A. and B.A. are challenging this decision before the Federal Tribunal, arguing that the cantonal court should have entered into the merits of their appeal against the judgment of first instance.Considerations
The Federal Tribunal notes that a distinction must be made between the validity and the effect of the withdrawal of the action (Art. 241 CPC). The validity of the withdrawal, i.e., the question of whether it was validly made, must be examined in light of Art. 328 para. 1 let. c CPC, which provides for the possibility of a revision in case of invalidity of the withdrawal. On the other hand, the consequences of the withdrawal on the parties' conclusions, i.e., its effect, fall under the appeal according to Art. 308 et seq. CPC. The Federal Tribunal considers that the cantonal court…