Facts
The claimants, compulsory heirs of the estate of Christian Schmid, have initiated summary proceedings against Fides Treuhand-Vereinigung, the testamentary executor and sole member of the board of the Crisanus Family Foundation, to obtain access to the documents of this foundation. The Cantonal Court of Zurich dismissed their appeal, finding that only the documents of the deceased's estate should be disclosed, and not those of the foundation. The claimants then appealed to the Federal Tribunal.Considerations
The Federal Tribunal considers that the decision of the Cantonal Court constitutes a final judgment within the meaning of Art. 48 FJA, despite the fact that it did not rule on the validity of the Crisanus Family Foundation. Indeed, the question of whether the heirs have a right of access to the documents of this foundation, assuming its validity, can be the subject of a separate trial.
The Federal Tribunal considers that cantonal law did not oblige the Cantonal Court to rule in advance on the validity of the foundation in this summary procedure. The heirs retain the possibility of challenging the validity of the foundation in a subsequent ordinary trial.
On the merits, the Federal Tribunal…