Question juridique clé
Whether the disputed lifetime gifts to the widow were challengeable under Art. 494 para. 3 ZGB for breach of the inheritance contract.
Solution extraite
The gifts were not shown, with the required clarity, to have been made with intent to harm the contractual heirs; therefore the action failed.
Motifs extraits
Absent an explicit or implicit gift prohibition in the inheritance contract, ordinary gifts remain permissible. A challenge requires proof of an obvious intent to undermine the contractual obligations. The lower court incorrectly relied on mere eventual intent; for Art. 494 para. 3 ZGB, a clear harmful intent was not established on the record.