Facts
In the debt collection case no. 4775 against the debtor X., the Berikon debt collection office realized the sale of his two properties on June 30, 1977. The debtor filed a complaint against the auction price, as it was far below the existing mortgage debts and he had not had the opportunity to prepare and challenge the valuation. The complaint was dismissed by the lower and upper cantonal supervisory authorities.
In his appeal to the Federal Supreme Court, the debtor requested the forced auction of his properties to be declared null and void. He claimed that he had been in a state of complete mental incapacity throughout the entire proceedings and therefore lacked capacity to act.
Considerations
The Federal Supreme Court stated that debt collection proceedings against an incapable debtor without the involvement of a legal representative or the guardianship authority would be null and void. The question of the debtor's capacity to act must therefore be examined ex officio if there are legitimate doubts about it.
The official reports obtained indicate serious doubts about the debtor's capacity for debt collection. He was described in one report as "to…