Facts
The Canton of Ticino has requested the Enforcement and Bankruptcy Office in Locarno to initiate enforcement proceedings against B. for the recovery of cantonal taxes. The enforcement order was served by publication, as the debtor's domicile was unknown. Subsequently, the enforcement acts were served by edict and B.'s property was awarded to buyer A. in a public auction.
B. subsequently filed a claim for compensation, arguing that he had not been informed of the enforcement proceedings as his domicile was easily traceable. The Enforcement and Bankruptcy Chamber of the Cantonal Court of Appeal of Ticino upheld the Canton of Ticino's application, declaring the enforcement and the award of the property null and void.
A. has filed a civil appeal against this decision.
Considerations
The Federal Tribunal dismissed the appeal, finding that the enforcement procedure was null and void as it had been carried out entirely without the knowledge of the debtor, despite his domicile being easily traceable.
According to case law, a decision is null and void if the defect affecting it is particularly serious, manifest or easily recognizable, and if the legal certainty is not seriously endangered. In the present case, the exclusion of the debtor from the enforcement procedure, which led to the alienation of his property, constitutes a defect so serious as to…