Facts
The plaintiff M. X. was placed under guardianship at his own request on October 11, 1983. On October 29, 1984, the guardian ordered that M. X. be placed in an institution pursuant to Art. 406 para. 2 in conjunction with Art. 397a and 397b of the Swiss Civil Code (involuntary commitment). This order was confirmed by the competent cantonal court. M. X. remained in institution A until the end of August 1985 and was subsequently - again on the order of his guardian - placed in institution B from November 12, 1985 to April 22, 1986.
On January 12, 1987, the guardianship authority approved the guardian's final report and final account and terminated the guardianship effective December 31, 1986. On January 25, 1988, M. X. filed a claim against Canton Y. for damages and compensation for unlawful involuntary commitment pursuant to Art. 429a of the Swiss Civil Code.
The defendant raised the defense of the statute of limitations, whereupon the Federal Supreme Court dismissed the claim.
Considerations
In its considerations, the Federal Supreme Court stated that the liability claim under Art. 429a of the Swiss Civil Code is to be distinguished from the provisions of Art. 454 and 455 of the Swiss Civil Code. While the latter provisions are based on the termination of the guardianship, the liability under Art. 429a of the Swiss Civil Code is directly aimed at the person and not at the assets.
Therefore, the statutes of limitations of Art. 454 and 455 of the Swiss Civil Code can only be applied by analogy here. The Federal Supreme Court held that the statute of limitations for liability…