Facts
L. Bank filed a complaint against the decision of the bankruptcy estate of H. AG to sell the option right (pre-emption right) on real estate to S.I. Salève for CHF 600,000 by private agreement, while releasing the bankrupt from all obligations arising from the sales contract and waiving the claim of the P. brothers for the balance of the purchase price. L. Bank requested that the estate be required to recover the advance payment of CHF 1,500,000 made by H. AG to the P. brothers and pay it to L. Bank, or to assign the claims against the P. brothers to it.Considerations
The Federal Tribunal dismissed L. Bank's appeal. It considered that the estate had the discretionary power to decide whether it would sell the rights arising from the sales contract by private agreement, whether it would intervene in the contract or whether it would seek to have it revoked and demand the reimbursement of the advance payment. The Tribunal also noted that the option right could not be realized independently of the rights arising from the sales contract, and that the transfer of rights and obligations to a third party was only…