Question juridique clé
Whether the sister's legal pre-emption right was validly exercised against the forced sale to the State of Fribourg.
Solution extraite
The pre-emption right was not valid because the acquisition by the State for a public task fell within the statutory exception to a pre-emption case.
Motifs extraits
Art. 681 CC allows legal pre-emption in forced realization only subject to Art. 216c CO; under Art. 216c para. 2 CO, acquisition for the execution of a public task is not a pre-emption case. The State acquired the agricultural enterprise under Art. 65 para. 1 let. b LDFR for a public-purpose exchange, so the transfer was excluded from pre-emption.