Facts
The appellant X. concluded a life annuity contract in 1999 with a foundation in Vaduz, in which C. and her husband B. were designated as the insured persons. In 2000, the position of the policyholder was transferred to D., who died in Monaco in 2006 and appointed A. as the universal heir.
On December 22, 2006, X. requested the deposit of the surrender value of the policy and certain annuity payments. The High Court of the Canton of Zurich dismissed the appeal against the rejection of the deposit.
Considerations
The Federal Court considers that there is an innocent uncertainty about the identity of the creditor, as either the annuity claims of B. or the surrender value claim of A. as the legal successor of the deceased D. are justified. Therefore, the requirements for a deposit pursuant to Art. 96 and 168 CO are generally met.
However, the appellant must deposit not only the surrender value, but also the accrued annuity payments,…