Facts
The dispute concerns a family foundation created to maintain in the founder's family a country house and other assets belonging to him. The foundation is intended to serve as a vacation home and refuge in case of difficulties. The parties involved are X. and Y. (claimants) and Z. (defendant). The decision was rendered by the 2nd Civil Law Court of the Federal Tribunal on June 10, 1982.
The key facts are as follows
- The foundation was created to maintain a country house and other assets in the founder's family.
- The house is to serve as a vacation home and refuge in case of difficulties.
- The foundation is governed by a charter and regulations that provide for the management and use of the assets.
- The beneficiaries of the foundation are the members of the founder's family and their descendants.
Considerations
The Federal Tribunal's decision is based on the interpretation of Article 335 of the Swiss Civil Code (CC), which governs family foundations. According to this article, a family foundation can be created to support family members in need, but it cannot be used to provide them with an unconditional benefit.
The Federal Tribunal examined the foundation's purposes and found that they do not meet the conditions provided for in Article 335 CC. The foundation is intended to maintain a country house and other assets in the founder's family, but it does not provide for specific conditions for the use of these assets.
The Federal Tribunal also examined the foundation's regulations and found that they do not provide for specific conditions for the use of the assets. The beneficiaries of the foundation have an equal right to use the assets, without…