Facts
In this case, A granted B a time-limited purchase option on a real estate property. After A's death, B wanted to exercise the purchase option, but A's heirs refused to transfer the property to him. B then filed an action to establish his ownership of the property. The district court dismissed B's claim and ordered the removal of the purchase option from the land register. B and X, an intervening party, appealed this decision to the Cantonal Court of Aargau, which also dismissed the appeal. The Cantonal Court held that the purchase option had not been validly registered in the land register, as it had been registered after A's death, and that A's power of attorney had been irregularly authenticated, rendering the contract null and void under cantonal law.Considerations
The Federal Tribunal considers that cantonal law cannot make the validity of a contract subject to a formal requirement the authentication of a fact which, according to federal law, does not require a particular form. In this case, federal law does not prescribe a special form for a power of attorney, which can therefore be validly given in an informal manner.…