Facts
R. operates a translation office headquartered in K., which is registered in the commercial register under his name. After his request to register an English doctoral degree had already been denied in 1975, he applied to the Commercial Register Office of the Canton of Zurich in 1985 for the registration of the title "Dr. h.c.". He referred to two conferrals, the most recent being the honor by the "Universidad Politécnica de El Salvador" for his achievements in the field of "Ciencias Linguisticas a nivel internacional".
The Commercial Register Office and the Directorate of Justice of the Canton of Zurich rejected the registration. R. then filed an administrative court appeal, which the Federal Court dismissed.
Considerations
Pursuant to Art. 944 para. 1 CO in conjunction with Art. 38 para. 1 CRRO, truthful registrations that serve to further describe the persons mentioned therein, including references to academic titles, are permissible. However, no deceptions may be caused thereby (principle of corporate truthfulness).
The Federal Court affirmed the risk of deception, as the entry would create the false impression of a corresponding Swiss or equivalent foreign title. While the Universidad Politécnica de El Salvador is to be considered reputable, it has only faculties for engineering, architecture and economics, but not a faculty of linguistics. Therefore, it cannot provide the same guarantee for the rigorous selection of those to be honored for their achievements in this field as is customary here.
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