Facts
The case concerns a real estate sale between Johann Wittwer and several sellers, including Karl Vogler, Heinrich Haug, Elise Tichy, Frida Ehrsam and Johannes Hollenweger sen. The sales contracts were concluded in August and October 1956, with a reservation clause whereby the sale was conditional on the granting of building permits for the construction of single-family homes.
The sellers withdrew their offers in November 1960, arguing that the buyer had not applied for the building permits within the deadlines. The buyer contested this decision and brought an action in court to obtain ownership of the land.
The court of first instance dismissed the buyer's claim, and the court of appeal upheld this decision. The buyer then appealed to the Federal Court, which dismissed the appeal.
Considerations
1. The Suspensive Condition of Granting Building Permits
The Federal Court examined the legal nature of the reservation clause and its scope. It considered that the suspensive condition of granting building permits could not be interpreted as a simple time limit, but rather as a suspensive condition that had to be fulfilled within a reasonable period.
2. Determining the Period During Which the Condition is Suspended
The Federal Court determined that the period during which the condition was suspended had to be fixed based on the normal duration of a building permit issuance process. It considered that the parties had foreseen that the condition would be fulfilled within a period of a few months or years.
3. The Consequences of the Condition Not Being Fulfilled
The Federal Court considered that the failure of the suspensive condition had resulted in the nullity of the sales contracts. The sellers did not need to withdraw or assert a right to error to be released from their obligations, as the suspensive condition had not been fulfilled.
4. The Effects of the Buyer's Waiver of the Suspensive Condition
The Federal Court…