Facts
Creditor B. had granted a loan of 100,000 Swiss francs to entrepreneur G. and received a mortgage bond in second rank on a property that was owned by half by G.'s wife as collateral. Since the consent of the guardianship authority to the pledging of the mortgage bond was not obtained, the authority later refused to approve the formal pledge contract. B. then filed an appeal, which was rejected by the cantonal authorities on the grounds that B. as a third party was not entitled to file the appeal.
Considerations
The Federal Supreme Court confirms the view of the cantonal authorities. It states that the right of appeal under Art. 420 of the Swiss Civil Code (ZGB) is indeed available to anyone who has an interest, but this interest must be seen in connection with the protection of the ward's interests. The refusal to approve an intercession transaction primarily serves to protect the wife and not…