Facts
On December 2, 1972, Ch. filed a debt collection request with the Debt Collection Office in Bern against the Department of Justice of the Canton of Bern for the amount of CHF 1,092,682.36 plus 5% interest since December 21, 1965. The Debt Collection Office in Bern informed Ch. that it would not proceed with the debt collection request, as he lacked capacity to be subject to debt collection proceedings. Ch. appealed against this decision to the Supervisory Authority for Debt Collection and Bankruptcy Matters for the Canton of Bern, which also did not enter into the appeal, as Ch. was deemed incapable of conducting proceedings for the entire complex of issues related to divorce and wire proceedings.
Ch. filed a recourse against the two decisions of the Bernese Supervisory Authority with the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court.
Considerations
The Federal Supreme Court stated that under civil law, only persons with capacity to act are capable of being subject to debt collection proceedings. A person lacking capacity to judge cannot initiate debt collection proceedings as a creditor, and such a debt collection request must be rejected by the debt collection officer.
Based on the findings of the Bernese criminal investigation authorities that Ch. assesses everything related to divorce and wire trade based on his pathological way of thinking and his actions in this area are pathologically controlled, the…