Facts
The case concerns a bank, Bank F., which received from [H.], a painting and plastering entrepreneur, the assignment of his present and future claims on 26 September 1979, as well as a claim of 95,000 Swiss francs related to the sale of his apartment in Miralago Morcote on 30 June 1981. [H.] went bankrupt on 1 June 1982. The bank claimed the proceeds from the sale of the apartment, which was sold for 151,300 Swiss francs on 2 June 1982, after the opening of the bankruptcy. The bankruptcy estate considered the sales contract to be null and void and threatened to put the property up for sale. The bank brought an action for a declaratory judgment to obtain the proceeds from the sale, while the bankruptcy estate requested that the proceeds be awarded to it.
The cantonal courts rejected the bank's request and awarded the proceeds from the sale to the bankruptcy estate. The bank appealed to the Federal Court.
Considerations
The Federal Court examined the question of whether future claims assigned that arise after the opening of the assignor's bankruptcy fall into the assets of the assignee or into the bankruptcy estate. It considered that, according to Article 197 paragraph 1 of the DEBA, all assets belonging to the debtor at the time of the opening of the bankruptcy form a single estate, intended to satisfy the creditors in common.
The Federal Court also examined the question of the assignment of future claims and considered that, according to case law and doctrine, a future claim assigned only enters into the assets of the assignee when it arises, provided that the assignor still has the capacity to dispose of the claim at…