Dismissal of the Application to Annul a Succession Renunciation Pact

Facts

The case concerns a joint-stock company X. AG that granted a loan to YA. in 1991. In 2002, YA. concluded a succession renunciation pact in favor of his two sons YB. and YC. After the death of YA.'s mother in 2007, X. AG filed an action to have the renunciation pact annulled and to order the official liquidation of the estate. The cantonal courts dismissed the application.

Considerations

The FC dismissed X. AG's appeal. It considered that Art. 578 CC, which allows the annulment of a fraudulent renunciation of succession against creditors, does not apply to the succession renunciation pact. The latter does not constitute a gratuitous disposition within the meaning of Art. 286 DEBA and therefore cannot be challenged by way of the revocatory action. The FC also…