Questione giuridica chiave
Whether the bank's liability for encashing crossed cheques was contractual or delictual, affecting the limitation period.
Decisione estratta
The relationship was not contractual; any liability arose in tort/delict, so Article 60 CO applied rather than Article 127 CO.
Motivazione estratta
The claimant's instruction letter never reached the bank, so no bilateral contract or mandate arose. The mere cheque beneficiary notation did not create a contractual link or special relationship of trust.