Facts
X. and Y. were married since 1959. On August 28/30, 2006, they filed a joint petition for divorce. On November 13, 2006, bankruptcy proceedings were opened against the assets of X. With a judgment dated January 17, 2007, the marriage was dissolved and the divorce settlement was approved, according to which the ownership of X.'s two properties was to be transferred to Y. On February 5, 2007, the divorce judge requested the transfer of ownership, which the land registry office, however, rejected due to the bankruptcy proceedings opened against X. in the meantime.
X. unsuccessfully challenged the rejection through the cantonal instances and ultimately filed a civil law appeal to the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the appellant could no longer validly dispose of his assets after the opening of bankruptcy proceedings, as the right of disposal had passed to the bankruptcy administration. The transfer of ownership to the ex-wife based on the judicially approved divorce settlement was therefore no longer possible without the consent of the bankruptcy administration.
The Federal Supreme Court clarified that the opening of bankruptcy proceedings is effective against all and must be observed ex officio by the land registry office. Without the consent of the bankruptcy administration, no transfer of ownership could…