Transfer of Ownership of Real Estate against Reimbursement of Expenses

Facts

- On 15 April 1947, the heirs of Johann Ammann sold a property to Margarete Egger for CHF 42,000. Margarete Egger financed the purchase with a loan of CHF 20,000 from her father Alfred Egger, secured by a mortgage letter. - Margarete Egger initially lived in the house with her parents and brother. After her marriage to Emil Matzinger in 1951, the couple moved in. In 1952, conflicts arose, and the Matzinger couple left the house. Margarete Matzinger then took possession of the mortgage letter and handed it over to her husband, leading to a dispute. - On 2 March 1953, Alfred Egger filed an action against Margarete Matzinger-Egger to have his registration as owner in the land register deleted and to have himself registered instead. Subsidiarily, he requested the payment of CHF 22,000 plus interest. - After several court decisions, the district court ultimately ordered the deletion of Margarete Matzinger-Egger's registration and the registration of Alfred Egger as owner, subject to the payment to Margarete Matzinger-Egger of her expenses for the property, set at CHF 2,645.

Considerations

- The Federal Tribunal considers that the fiduciary relationship was revoked by the filing of the action for revendication of ownership, so that the mutual claims of the parties became due and must be executed simultaneously (Zug um Zug) in accordance with Art. 82 CO. - Whether the mandate is for consideration or gratuitous, the right of retention allows…