Facts
In 1990, the C. GmbH machine factory in Schweinfurt (Germany) sold four machines to the company D. in Belgrade for a total purchase price of DM 960,000. Bank A. (defendant) guaranteed to the C. GmbH machine factory the fulfillment of these payment obligations by the company E., Belgrade. By a declaration of assignment and delivery dated November 19, 1990, the C. GmbH machine factory assigned the entire claim as well as its claims from the defendant's guarantee to the Bank F. AG, Schweinfurt branch. On the same day and in the same document, it further assigned all claims and rights to the G. AG (later B. AG; plaintiff) in Zurich.
The plaintiff finally sued the Bank A. at the Commercial Court of the Canton of Zurich, requesting that it be ordered to pay DM 1,540,126.90 plus 9% interest since August 1, 1997. The Commercial Court upheld the claim in the amount of DM 1,117,600 plus 9% interest since October 26, 1996.
Considerations
The Federal Court held that the prohibition of abuse of rights under Art. 2 para. 2 CC is one of the mandatory provisions of Swiss law within the meaning of Art. 18 PILA. The prohibition of abuse of rights is a fundamental protective norm that serves to enforce public order and morality, and its validity extends to the entire legal system. Even in…