Facts
The dispute opposes Hans N. and company I. AG, who are co-owners of a property in Zurich. On 8 November 1983, they created a mortgage deed on the property to secure a loan of 300,000 Swiss francs granted by Bank X. The loan was repaid by Hans N. on 20 January 1987. He then requested company I. AG to reimburse him for half of the amount paid, but his request was rejected. The Zurich district court and the Zurich cantonal court of appeal also rejected his request.
The dispute concerns Hans N.'s right to be reimbursed for the expenses he incurred to repay the loan, in particular under Article 537 paragraph 1 of the Code of Obligations (CO). Company I. AG has been in liquidation since the beginning of 1989.
Considerations
The Federal Court examined the provisions of the Code of Obligations and the Swiss Civil Code to determine whether Hans N. had a right to be reimbursed for the expenses he incurred. The court considered that the provisions of the Code of Obligations on joint and several liability and subrogation do not apply in this case, as it is a simple company in liquidation.
The court also examined the principle of unity of liquidation, which provides that the liquidation of a simple company involves taking into account all the company's assets and liabilities. The court considered that Hans N.'s right to be reimbursed for the expenses he incurred must be examined within the framework of the company's…