Facts
The case concerns a dispute over a patent developed by manager X. of company Y. AG. When [Y. AG] went bankrupt in 1989, X. asserted ownership claims to the patent. However, the bankruptcy office rejected these claims. X. then sued the bankruptcy estate of [Y. AG] for the separation of the patent. The lower courts, the single court and the cantonal high court of Zurich, dismissed the claim. The Federal Supreme Court also confirmed this decision.Considerations
The Federal Supreme Court explains in its reasoning that according to the prevailing case law and doctrine, Article 401(3) of the Swiss Code of Obligations, which provides for a right of separation for the settlor, is not applicable to the original trust property. The trustee is to be regarded as the full owner of the trust property transferred to him, so that it generally falls into his bankruptcy or estate. Article 401 of the Swiss Code of Obligations only applies to things and assets acquired by the trustee from third parties, but not to the original trust property transferred to him by the settlor. The Federal Supreme Court sees no reason to deviate from this previous case law and prevailing doctrine. The regulatory concept of Article 401 of the Swiss Code of Obligations aims to align the effects of indirect…