Facts
The case concerns the discovery of a large number of 18th century gold coins in a storage facility that was to be demolished. The carpenter Max Vogelsang, who was tasked with the demolition, appropriated the coins and sold a portion of them through his brother-in-law Alfred Baumann to the Aargau Mortgage and Commercial Bank (AHH). The plaintiff Luise Schellenberg, the owner of the storage facility, sued the AHH for the return of the coins or payment of the proceeds.
The Federal Court first had to determine whether the discovered coins constituted a treasure trove or an ordinary find. It concluded that a treasure trove within the meaning of Art. 723 of the Swiss Civil Code (ZGB) was present. Furthermore, it found that the storage facility was to be considered a component of the property and not merely a movable structure. Consequently, the treasure trove belonged in principle to the property owner, i.e., the plaintiff.
However, the decisive factor was that the storage facility had been entrusted to Vogelsang for the purpose of demolishing and rebuilding it elsewhere. Therefore, the concealed coins were also considered entrusted items within the meaning of Art. 933 ZGB. The defendant AHH could thus acquire ownership of the coins sold to it in good faith, provided it had exercised the due care required by the circumstances.
Considerations
The Federal Court concluded that the AHH had acquired the coins in good faith. As a general rule, it cannot be expected of a bank to conduct investigations into the trustworthiness of the customer or the origin of the valuable objects when making routine transactions such as the purchase of old gold coins. Only if special circumstances give rise to doubts or mistrust is…