Facts
The Geneva Association of the Coin de Terre, recognized as a public utility, asserted its right of redemption in 1994 on a plot sold in 1962. The defendant, successor to the initial owner, contested the validity of this right, invoking Art. 216a CO which limits the duration of rights of redemption to 25 years. The question was whether this right of redemption, established before the entry into force of Art. 216a CO, was subject to this new provision and had therefore expired in 1987, 25 years after its establishment.Considerations
The Federal Tribunal dismissed the defendant's appeal and confirmed the validity of the right of redemption exercised by the association. It considered that even if the disputed right of redemption had been established before the entry into force of Art. 216a CO, the starting point of the 25-year period could only be set at January 1, 1994, the date of entry into force of this provision. Thus, the right of redemption exercised in 1994 was still valid.
The Federal Tribunal also left open the question of whether the right of redemption of a public utility association, aimed at facilitating access to housing ownership, falls within the scope of Art. 216a CO. Indeed, legal…