Facts
The appellant [A.] was convicted by the District Court of Zurich of qualified misappropriation and ordered to pay damages. The High Court of the Canton of Zurich upheld the first-instance judgment. In the context of the realization of the seized registered shares of [D. AG] , the High Court ordered that [A.] must personally sign the corresponding endorsements for the transfer of the shares at the District Court registry. In the event of default, an administrative fine of CHF 3,000 and a substitute performance by the Registrar of the High Court were ordered.
Considerations
The appellant [A.] alleges a violation of his right to be heard and of Art. 442 para. 2 CCP and Art. 122 et seq. DEBA. He claims that he should have been informed about the underlying purchase contract, the purchasers, the sale price and the type of realization before the ordered endorsement. Since the registered shares had no market or stock exchange price, only a realization by auction would be permissible, about which he was not informed.
The Federal Court notes that the contested decision does not indicate in which proceedings and based on which law the lower court decided. The further facts…