Kernrechtsfrage
Whether the transfer of the two parcels was a mixed donation subject to equalization/reduction
Extrahierter Entscheid
The case must be re-examined because the parcels’ chargeable market value may not exceed the BGBB ceiling price; only then can a gratuitous element and any mixed donation be assessed.
Extrahierte Begründung
For equalization, the relevant market value is the price achievable in normal market conditions, but for land subject to BGBB the ceiling price under Art. 66 BGBB also constrains that value. The lower court had not determined whether the calculated values respected that ceiling.