Facts
The case concerns the realization of a seized share in a joint asset, which consists of a simple partnership between spouses. The debt collection office had seized the debtor [A.] 's liquidation share in the total ownership of the property in [U.] . As no amicable agreement could be reached between the parties, the lower supervisory authority ordered the dissolution and liquidation of the simple partnership as well as the realization of the property by the debt collection office. [A.] and his wife [G.A.] filed a complaint against this decision, which was dismissed by the High Court of the Canton of Aargau as the upper supervisory authority.
[A.] then filed a civil law appeal with the Federal Supreme Court. He requested that the first-instance decision be adapted so that the dissolution and liquidation of the simple partnership should be carried out in accordance with the applicable rules.
Considerations
The Federal Supreme Court initially held that the appeal is admissible, as it is a final decision of the upper supervisory authority on the mode of realization of a share in joint assets. The supervisory authority has the power to either order the auction of the seized share or to consider the dissolution of the community and the realization of its assets to be appropriate.
The Federal Supreme Court further stated that the lower court correctly determined…