Facts
In the issue of April 29, 1969 of the daily newspaper "Der Oberthurgauer", an article was published that allegedly injured the honor of art dealer K. K. subsequently filed criminal and civil charges against the author W., attorney Dr. B., and the editor-in-chief H. The District Court of Arbon dismissed the claim, as it assumed the statute of limitations had expired. On the plaintiff's appeal, the High Court of the Canton of Thurgau overturned the judgment and remanded the case for further consideration to the court of first instance.
After the resumption of the proceedings, the District Court of Arbon separated the claims against the three defendants. In the proceedings against the defendant H., it discontinued the criminal case and dismissed the civil claim, as it did not assume joint and several liability between H. and B. Against this judgment, the plaintiff appealed again, which was continued by his heirs after his death.
Considerations
The Federal Supreme Court held that the statute of limitations for the pecuniary claims against the defendant H. would have expired if the one-year statute of limitations under Art. 60 para. 1 CO applied. However, as the longer criminal statute of limitations of two years under Art. 60 para. 2 CO could be applicable if a criminal offense had occurred, the Federal Supreme Court remanded the case to the lower court to examine this question.
Regarding the declaratory relief sought, the Federal Supreme Court clarified that the judicial determination that a press statement is untrue and violates the right of personality can serve as a means to…