Facts
On February 9, 1938, Dr. Ernst Jakob Brodbeck and Louise Sandreuter created the « Château de Reichenstein Family Foundation » for the benefit of their family. The foundation's purpose was to preserve the Château de Reichenstein and its surroundings for future generations of the family. However, the founders' son, Jean-Jacques Brodbeck, brought an action to have the foundation declared null, arguing that its purpose was not in accordance with the provisions of Article 335 of the Swiss Civil Code (CC).
The foundation was created with a capital of 280,000 francs and a real estate property consisting of the castle and its surroundings. The foundation's statutes provided that the foundation's income would be used for the maintenance and conservation of the castle and its surroundings. The founders also provided that the beneficiary family members could use the castle as a residence and representation venue.
The Federal Court was seized of the case and had to determine whether the family foundation created by the Brodbeck spouses was null or not. The Court examined the foundation's purposes and found that the founders' primary purpose was to preserve the castle and its surroundings for future generations of the family, but that the foundation's statutes also provided benefits for the beneficiary family members.
Considerations
The Federal Court examined the provisions of Article 335 CC and found that the purposes of the family foundation created by the Brodbeck spouses were not in accordance with the provisions of this article. The Court considered that the founders' primary purpose was to preserve the castle and its surroundings for future generations of the family, but that the foundation's statutes also provided benefits for the beneficiary family members, which is not authorized by law.
The Court also examined the possibility of converting the null family foundation into an ordinary foundation. The Court considered that the founders' primary…