Kernrechtsfrage
Whether the alleged CHF 309,462.11 loan to the partnership had to be treated as an estate debt to be paid before partition.
Extrahierter Entscheid
The lower courts could find that the loan was only simulated and that the true agreement was the final settlement of the partners' accounts; therefore the debt did not have to be paid as an estate debt.
Extrahierte Begründung
The court held that the written agreements of 26 November and 14 December 1993, their purpose, the surrounding circumstances, the letters, and the absence of interest or principal payments supported the finding of a simulated loan and a dissimulated settlement agreement. No clearly erroneous fact-finding or legal error was shown.