Facts
The case concerns an opposition proceeding in which the defendant Otto Rebholz claimed ownership of certain seized assets. The assets were held in a bank deposit of the company "Rebholz'Bankierskantoor", a Dutch limited partnership in which Rebholz was a participant.
The Federal Supreme Court upheld the decision of the lower instances, according to which Rebholz was unable to prove the transfer of the assets into his sole ownership. The Federal Supreme Court also rejected Rebholz's alternative argument that as a shareholder he had the right to dispose of the company's assets located in Switzerland, as Rebholz had not already asserted this claim in the proceedings before the debt collection office.
Considerations
The Federal Supreme Court stated that a valid legal transaction is required for the transfer of ownership of movable property. The letters submitted by the defendant to the bank did not indicate that the company and Rebholz intended to transfer the securities into his sole ownership. Rebholz did not provide any further evidence of a transfer of ownership.
Rebholz's alternative claim to dispose of the company's assets located in Switzerland as a shareholder…