Questione giuridica chiave
Whether the recourse claim of a solidarily liable tortfeasor is time-barred under Art. 51 OR or subject to Art. 60 OR
Decisione estratta
The recourse claim is governed by the same prescription period as the victim's damages claim; for intentional bodily injury, the longer period under Art. 60(2) OR applies and the claim was still timely.
Motivazione estratta
The court followed the prevailing view and prior Federal Court authority that recourse does not create a new autonomous claim for prescription purposes. The recourse creditor steps into the victim's position, so the limitation period attached to the underlying tort claim also governs the recourse claim. This is especially appropriate for criminal acts, where the tortfeasor should not be treated more favorably merely because a third party paid first.