Kernrechtsfrage
Whether waived interest on the daughters' purchase-related loans had to be added back to the estate as a reducible inter vivos gift under Art. 527 Ziff. 1 ZGB.
Extrahierter Entscheid
No. Because the loans were expressly agreed to be interest-free from the outset, no claim to interest ever arose; only the nominal loan capital formed part of the estate.
Extrahierte Begründung
A reduction under Art. 527 Ziff. 1 ZGB requires a transfer of assets or waiver of an existing right. Here, Art. 313 OR made interest dependent on agreement, and the parties had agreed to interest-free loans from the beginning. The absence of interest was therefore not a later waiver of a right but merely the non-creation of one.