Facts
- The action for nullity of a foundation established by inheritance contract is not subject to any time limit. The legal heirs of the founders have standing to act, and the foundation has standing to defend. - The registration of the foundation in the commercial register does not have a curative effect in case of nullity of the foundation deed. - A foundation may be established by a testamentary disposition contained in an inheritance contract, but the nature of the clause in the inheritance contract relating to the foundation is contractual. - Swiss law does not allow for the establishment of a foundation by a contractual provision (binding the founders) contained in an inheritance contract. - The clause in the inheritance contract relating to the foundation cannot be converted into a will or a permissible contractual disposition. - In the event of nullity of the foundation, its assets revert to the estate of Katharina Schweizer, subject to the rights of third parties.Considerations
The Federal Tribunal considers that the clause in the inheritance contract relating to the foundation has a contractual character and that Swiss law does not…