Facts
P.C., a joint and several debtor of a credit granted by Bank B., was served a payment order in 1986. After his death in 1988, the bank requested the continuation of the debt collection proceedings against the undivided estate of P.C. The four children of P.C. filed a complaint against the seizure notice, which was rejected by the Supervisory Authority for Debt Collection and Bankruptcy Offices of the Canton of Geneva.
The children then filed an appeal with the Debt Collection and Bankruptcy Chamber of the Swiss Federal Tribunal, requesting the annulment of the contested decision and the nullity of the seizure notice.
Considerations
The Swiss Federal Tribunal dismisses the appeal. It considers that the estate can be pursued as such on the basis of Art. 49 DEBA, to the exclusion of the personal liability of the heirs for the debts of the estate. The debt collection proceedings already initiated before the debtor's death can be continued against the estate.
However, the question of the application of Art. 583 CC, relating to the acceptance of the estate under the benefit of inventory, must be decided…