Right of First Refusal Validity Upheld Against Will Contest

The court upheld the validity of a right of first refusal agreement concerning real estate, despite the heirs' argument that it constituted an invalid will due to a lack of witnesses required for testamentary dispositions. The court reasoned that the distinction between a contract inter vivos and a disposition upon death must be made based on a careful evaluation of all facts in the specific case, prioritizing the parties' intent to enter a valid living agreement, especially when supported by the registration of the right in the land register, the close link to a prior transaction, the absence of testamentary language, and the parties retaining the option for early exercise, thus confirming the agreement was a valid contract under the law of obligations.