Facts
Incommerz AG brought an action against X. for the repayment of a consumer loan of CHF 19,059.22 granted by the father of X.'s first wife in 1964. The loan was initially secured by a mortgage on a property owned by X. and his first wife, but this guarantee had been removed when the loan contract was modified in 1964. X. had undertaken to repay the loan after the lender's death, but no earlier than 10 years. After X.'s divorce and the transfer of the property ownership to X.'s new wife, Incommerz AG, the assignee of the claim, demanded immediate repayment of the loan. The cantonal courts rejected this request, considering that the loan was not yet due. Incommerz AG then appealed to the Federal Tribunal.Considerations
The Federal Tribunal dismissed the appeal. It considered that the loan contract could not be interpreted as being linked to the stepfather-stepson relationship between X. and the lender, and that the changes in X.'s personal and economic situation did not make the performance of the loan contract unbearable for Incommerz AG within the meaning of Art. 2 CC. Furthermore, Incommerz AG had not complied with the procedure of…