Facts
Christian Schmid-Blaser, a Swiss domiciled in Milan, created the "Christian-Schmid-Fonds" foundation with its registered office in Chur by public deed in 1949. Although the foundation was not registered in the commercial register during Schmid's lifetime, he managed and administered the foundation's assets until his death in 1962. After Schmid's death, his heirs contested the validity of this foundation. The cantonal courts and the SFC rejected this action for invalidation.Considerations
The SFC considers that Schmid validly established the foundation by public deed in accordance with Art. 81(1) CC, even though registration in the commercial register only took place after his death. The lack of registration during Schmid's lifetime does not mean that the intended capital endowment was not made or that the foundation did not acquire conditional legal personality. The foundation could indeed acquire the rights and claims attributed to it, subject to its registration.
The SFC also considers that Schmid's intention to create the foundation is established, despite the fact that he did not himself proceed with its registration. Schmid indeed carried out all the acts necessary…