Facts
The case concerns a dispute between A. (the appellant) and B. (the respondent) regarding the reimbursement of 150,000 Swiss francs that A. had handed over to B. on November 9, 2010. A. claimed that he had deposited the money with B., while B. asserted that it had been gifted to her. The lower court dismissed A.'s claim, as neither the deposit nor the gift had been proven, and B. could rely on the presumption of ownership of the possessor under Art. 930 of the Swiss Civil Code (ZGB).
A. appealed to the Federal Supreme Court, arguing that Art. 930 ZGB was not applicable here, as the presumption only applies to third parties, not the former possessor.
Considerations
The Federal Supreme Court states that it is well-established in its case law that the possessor of a movable item can claim the presumption of ownership even against the person from whom they received the item. This case law, which is based on a 1928 judgment (BGE 54 II 244), is not criticized in legal doctrine.
However, the legal presumption from possession only applies if the possession is such that it can be provisionally concluded that the corresponding right to the item exists. Possession is particularly ambiguous if the circumstances under which it was established are questionable.
In the present case, the respondent's possession of the 150,000 Swiss francs appears doubtful, as it is a considerable amount that…