Question juridique clé
Whether the testamentary clauses in section 3 create a legacy or merely a mandate/charge
Solution extraite
The clauses on commissions tied to direct sales are not a legacy; they are remuneration under a mandate. The clauses on shares of sales by third parties are a legacy.
Motifs extraits
A legacy requires a sufficiently determined enforceable patrimonial benefit. Direct-sale commissions depended on the continuing mandate, which was freely revocable under Art. 404 OR, so they were too uncertain for a legacy. By contrast, the shares linked to sales by galleries, museums, or the heirs were independent benefits conditioned only on the sale occurring, thus qualifying as a legacy.