Payment of a Debt by the Debtor to the Creditor's Spouse

Facts

Emil Meier purchased plots of land from Georg Schaffner in 1947 and remained a debtor of CHF 10,000. To secure this debt, he created two real estate pledges. For years, Meier paid the semi-annual interest to Schaffner's wife, Johanna Schaffner. In 1950, after Schaffner had suffered a stroke, Meier paid the capital of CHF 10,000 to Mrs. Schaffner. After Schaffner's death in 1952, his grandson Maximilian Ember, appointed as the testamentary executor, refused to authorize the cancellation of the real estate pledges. Meier then filed a lawsuit to obtain this cancellation.

Considerations

The Federal Tribunal considers that Meier could, in good faith, consider that Mrs. Schaffner was authorized to collect the capital, as Schaffner had empowered her to receive the interest for years. The fact that Mrs. Schaffner was able to immediately provide Meier with the land registry extracts relating to the pledges also reinforced this conviction. Even if the mandate to collect the interest does not necessarily include the power to collect the capital, the circumstances of the case, in particular the fact that…