Question juridique clé
Whether Swiss courts in Basel-Stadt had international and territorial jurisdiction over the action for payment of the soulte under the inheritance partition agreement.
Solution extraite
Yes. The claim is an inheritance dispute closely linked to the partition agreement, so Art. 86-87 IPRG applies and Basel-Stadt courts are competent.
Motifs extraits
A soulte agreed in an inheritance partition contract has its origin in inheritance law and is inseparable from the allocation of the estate. Enforcement of the partition agreement therefore falls within the inheritance forum, and the debtor heirs' succession question can be decided as a preliminary issue by the court competent for the main claim.