Question juridique clé
Whether the settlement agreement paying CHF 50,000 for withdrawal of the construction appeal is void under Art. 20 CO as contrary to morals.
Solution extraite
A withdrawal-for-payment agreement is void only if the appeal had no realistic chance of success; if the appeal could still have led to a modified project and protected neighbor interests, the agreement is not immoral.
Motifs extraits
The decisive criterion is whether the appeal had prospects of success. If yes, the payment compensates a protected interest and the party gives up a real procedural chance. If no, the appeal is merely used to gain time and extract money, which is immoral. The cantonal court failed to determine the project’s compliance with construction law and the appeal’s chances of success.