Exclusion of a member from an association without stating reasons

Facts

The Kroatischer Kulturverein der Schweiz (the defendant association) excluded members A., B. and C. (the plaintiffs) from the association based on a general exclusion clause provided for in the articles of association. The plaintiffs contested the validity of these exclusion decisions before the courts.

Considerations

The Federal Tribunal ruled that when the articles of association provide for a general exclusion clause without stating reasons, this amounts to an exclusion without cause, and in this case, the exclusion cannot be challenged in court, in accordance with Art. 72 para. 2 CC. This case law aims to respect the principle of associative autonomy, which was a central concern of the historical legislator when drafting Art. 72 CC.

An exception to this principle is only possible when the association pursues goals other than the ideal goals envisaged by the legislator, as is the case for professional or economic associations. However, the Federal…