Duration of pre-emption rights and exercise of pre-emption right

Facts

According to the facts established as binding for the Federal Tribunal, the concordant intention of the respondent and her mother-in-law at the time of the conclusion of the pre-emption right was that it would not be subject to any time limit in years. The disputed issue is whether the introduction of Art. 216a CO by the legislative revision of 1991 (entered into force in 1994) has retroactively resulted in a limitation of the pre-emption right to 10 years and whether the pre-emption right was exercised in a timely manner.

Considerations

The Federal Tribunal considers that the legal limitation provided for in Art. 216a CO does not apply to pre-emption rights that were agreed upon before the entry into force of this provision. Indeed, the duration of the pre-emption right is an essential element of this right, which falls within the will of the parties. Therefore, Art. 3 Fin. Tit. CC is not applicable in this case, as the limitation of the pre-emption right mainly concerns its existence and not its content.

Furthermore, the Federal Tribunal considers that the three-month deadline provided for in Art. 216e CO for the…