Liability of a co-owner of a motor vehicle towards the other co-owner

Facts

In this case, it was about a traffic accident in which two automobile mechanics, Rudolf Vögtli and Werner Müller, who jointly owned and used a used car, were involved. Vögtli suffered significant injuries in the accident and subsequently sued Müller for damages. The courts had to clarify which law applies to the legal relationship between the two co-owners and whether Müller must be liable to Vögtli for the resulting personal injury and property damage.

Considerations

The Federal Supreme Court came to the following conclusions:

1. Applicable law The legal relationship between Vögtli and Müller is subject to Swiss law. Although the parties had argued on the basis of Swiss law in the proceedings, this does not necessarily mean a valid choice of law. However, the objective connection showed that Swiss law is to be applied, as the partnership agreement was concluded in Switzerland, both parties lived in Switzerland, and the center of business activity was also in Switzerland.

2. Contractual liability Between Vögtli and Müller, there was a simple partnership…