Facts
The farmer Gottfried Born-Graf, who died on March 4, 1951, left an agricultural property operated as a tenant by his youngest son Hans. On May 25, 1953, the residential building was destroyed by a fire. Hans Born claimed the right to obtain the full attribution of the property, including the right to the insurance indemnity, at the yield value. The other heirs opposed this request. The court of first instance rejected the request on the grounds that the inherited property no longer constituted an agricultural enterprise within the meaning of Art. 620 CC after the fire. However, the Court of Appeal of the Canton of Bern attributed the property at the yield value to Hans Born, on the grounds that he had credibly explained that he wanted to rebuild the damaged buildings and continue the operation himself.Considerations
The Federal Tribunal confirmed the principles of the Court of Appeal's judgment. It explained that the destruction of the buildings by the fire did not lead to the non-applicability of Art. 620 CC if the reconstruction was foreseeable. The decisive element was that the property met the conditions of Art. 620 CC before the fire and that the successor planned the reconstruction and had the necessary…