Facts
The plaintiff X, a Romanian national who lived in Bucharest after World War II, was a shareholder in a Swiss joint-stock company. In 1947, this company was dissolved and X's liquidation share of 13,500 Swiss francs was paid out to the Bern notary Y, to whom X had granted a general power of attorney in February 1947. Y deposited this amount the same day in favor of X at the Cantonal Bank of Bern.
After the death of Notary Y, a public inventory was drawn up for his estate. X did not report his claim, and the notary in charge of drawing up the inventory did not include it ex officio. The heirs accepted the inheritance under public inventory.
In 1959, X emigrated to Israel and then tried to get in touch with Notary Y. He then learned that Y had died and that there was no indication of a credit balance of X in his files. An investigation provided no information on what had happened to the amount of 13,500 francs.
In December 1960, X filed a claim with the Court of Appeal of the Canton of Bern against one of Y's heirs for payment of 13,500 francs plus interest. The Court of Appeal upheld the claim, as X had failed to report his claim for inclusion in the public inventory through no fault of his own, and therefore the heirs of Y had to be liable to the extent of their enrichment from the inheritance.
Considerations
The Federal Supreme Court overturned the judgment of the Court of Appeal and dismissed the claim. It stated that the 10-year statute of limitations under Articles 127 and 130(1) of the Swiss Code of Obligations had expired at the latest on July 23, 1958. The statute of limitations can only be suspended in the cases provided for by law, which do not include the personal circumstances of the plaintiff, such as his domicile in Romania and the foreign exchange legislation there.
The Federal…