Facts
[A.] was employed at [Y.] for ten years and was insured with both the Pension Fund Foundation [X.] and the BVG Pension Fund Foundation [X.] . To obtain tax benefits, he agreed with the Pension Fund Foundation [X.] (the Defendant) that it should conclude a life annuity insurance contract in its own name for his benefit. When [Z.] , of which the Defendant was a cooperative member, converted into a joint-stock company, the Defendant received 113 bonus shares. [A.] then sued for the return of these shares.
Considerations
The Federal Court upheld the judgment of the High Court of the Canton of Basel-Landschaft, which found that there was a mandate relationship between [A.] and the Defendant. Pursuant to Art. 400 CO, the agent is obliged to reimburse the principal for anything that has accrued to the agent as a result of the management of the business. Since the Defendant received the bonus shares only because it became the policyholder and cooperative…