Facts
This decision concerns a joint account opened in 1963 by spouses X. and [Y.] with the Union Bank of Switzerland. After the death of X. in 1967, his daughter Z. ordered the blocking of the accounts, while [Y.] demanded the unblocking of the funds. The main points addressed are:- The joint account is primarily subject to the rules applicable to the mandate (consid. 2).
- The contract may provide that the powers of the principals pass to their heirs (consid. 3).
- The joint account holders are joint and several creditors; each of them holds a claim, and the payment of one extinguishes the others (consid. 4 and 5).
- When an account holder dies, one of their heirs cannot revoke the mandate unilaterally, unless they initiate debt collection proceedings against the debtor in accordance with Art. 150(3) CO (consid. 6).
Considerations
The Federal Tribunal ruled that the plaintiff [Y.], as a joint and several creditor, could dispose of the assets entrusted to the bank,…