Facts
The dispute concerns the validity of a purchase right granted by a donor to a donee on a donated real estate property. The donor (Fund A.) exercised this purchase right after the death of the donee, but the heirs of the donee objected, invoking the nullity of the purchase right due to a violation of Art. 27 para. 2 CC on the protection of personality against excessive commitments.Considerations
The Federal Tribunal considers that the purchase right in question, although it may be qualified as an excessive commitment, does not infringe on the core of the donee's strictly personal sphere and therefore does not violate public morals within the meaning of Art. 20 CO. Consequently, this purchase right is not null, but only unenforceable against the donee if they considered it an excessive infringement on their personal freedom. However, as the donee never asserted such an infringement during their lifetime, their heirs cannot invoke it in their place, as the right to be released from…