Facts
On September 3, 1963, the civil engineering company Martin et Cie SA notified Ms. Madeleine Décorvet a payment order for 32,500 francs, with interest, in a proceeding for the realization of a real estate pledge. The debtor filed an objection. On November 15, 1963, the creditor requested the release of the objection, which was granted on November 26, 1963 by the President of the District Court of Aigle and confirmed on January 23, 1964 by the Debt Collection and Bankruptcy Court of the Vaud Cantonal Tribunal. On March 10, 1964, the creditor requested the sale of the encumbered real estate. The debtor filed a complaint seeking to establish the nullity of this requisition, which she considers premature. The complaint was rejected by the cantonal supervisory authorities. Madeleine Décorvet appealed to the Federal Tribunal.Considerations
According to Article 154 of the Federal Act on Debt Collection and Bankruptcy (LP), the creditor may request the sale of a real estate pledge no earlier than six months and no later than two years after the notification of the payment order. The case law considers that the action, within the meaning of this provision, includes not only disputes subject to ordinary procedure, but also objections to the…