Facts
The political municipality of St. Gallen had a right of pre-emption registered in the land register on plot no. 2926. In 1958, Ms. Ehrbar sold this plot to Mr. Osterwalder. The municipality then exercised its right of pre-emption, but Ms. Ehrbar objected to it. In 1962, the Cantonal Tribunal granted the municipality's request, and in 1963, the Federal Tribunal confirmed this judgment.
In 1963, Ms. Ehrbar sold plot no. 764 to the company Corvag-Bau AG. After being placed under guardianship in 1964, Ms. Ehrbar had this sale annulled on the grounds of excessive exploitation. The District Tribunal then found that Ms. Ehrbar had not been capable of discernment when concluding the sales contract.
After Ms. Ehrbar's death in 1967, her heirs filed a request to revise the Federal Tribunal's 1963 judgment, on the grounds that Ms. Ehrbar had not been capable of discernment when concluding the contract with the municipality in 1958.
Considerations
The Federal Tribunal rejects the request for revision. It considers that the ground for revision provided for in Art. 137 let. b FSCA (discovery of new and decisive facts) is met, as the medical expert opinion establishing Ms. Ehrbar's incapacity of discernment constitutes a new and decisive fact. However, the Federal Tribunal finds that the 90-day deadline for filing the request for revision, provided for in Art. 141 para. 1 let. b FSCA, had already expired when the request was filed.
Indeed, Ms. Ehrbar's legal representative was aware of this new fact as early as the autumn of…