Facts
The dispute concerns the validity of an act designated as a "sales contract" but which was only to take effect upon the death of one of the contracting parties. The main question is whether it is a legal act for cause of death (succession pact or will) or an inter vivos act (sales contract).
The Federal Tribunal considered that, given the fact that the transfer of possession of the real estate and the registration in the land register were only to take place upon the death of the alienator, it was indeed a legal act for cause of death. However, the formal requirements of the succession pact (Art. 512 CC) were not met, particularly with regard to the declaration of the beneficiary before the witnesses.
Therefore, the Federal Tribunal examined the possibility of converting this null act into a public will, in accordance with the principle of conversion (Konversion) recognized in Swiss law. It considered that the conditions were met, insofar as the act complied with the formal requirements of the public will (Arts. 499 to 501 CC) and that the intention of the testator was clearly to bequeath the real estate to the…