Facts
The dispute opposes the plaintiff, F.S., and the defendant, O.W. The facts are as follows: F.S. and H.S. associated in 1991 with the aim of acquiring and building real estate in Maienfeld. The cantonal bank of Grisons granted a loan of 800,000 francs to the company in 1993. F.S. did not pay his share of the interest, which led the bank to threaten legal action. The defendant, son of H.S., then paid the debt and the bank assigned the claim to him. The plaintiff contested this claim.
The district court of Sargans rejected the plaintiff's opposition, and the cantonal court of Saint-Gall confirmed this decision. The plaintiff then appealed to the Federal Court.
Considerations
The Federal Court examined whether the defendant had committed an abuse of rights by asserting the claim against the plaintiff. Article 2 of the Swiss Civil Code (CC) prohibits acts that, although in accordance with the law or a contract, violate the principles of good faith and equity.
The Federal Court considered that the defendant had not committed an abuse of rights, as he had not acted in a contradictory manner. The plaintiff and H.S. were jointly and severally liable for the company's debts, and the defendant had simply asserted a claim that had been assigned to him by the bank. The plaintiff had not suffered any harm as a result of the assignment of the claim, as he was still required to pay his share of the interest.
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