Facts
The creditor initiated an attachment on the share of the debtor Reza Pahlavi, who resides abroad, in the undivided inheritance of his deceased father, the former Shah of Persia. The debt collection office of Oberengadin executed the attachment on a property in Switzerland that was part of the inheritance.
Reza Pahlavi complained against the execution of the attachment. The Cantonal Court Committee of Graubünden partially lifted the attachment and limited it to the liquidation share of the inheritance, insofar as it was located in Switzerland. Reza Pahlavi appealed this decision to the Federal Supreme Court.
Considerations
The Federal Supreme Court lifted the attachment in its entirety. It stated that the debt collection office of Oberengadin was not competent to attach Reza Pahlavi's liquidation share in the undivided inheritance of his father, as Reza Pahlavi is domiciled in the USA.
According to the Ordinance of the Federal Supreme Court on the seizure and realization of shares in joint assets, the debt collection office at the debtor's domicile is responsible for the attachment of the share of a debtor residing abroad in an undistributed…