Facts
In an enforcement proceeding for the realization of a pledge, which the Bank A. had initiated against [B.], the debt collection office auctioned off three mortgage deeds on August 29, 1985. Two of them were awarded to the employee X. of the debt collection office. After [B.] later went bankrupt, the debt collection office informed the cantonal supervisory authority about the realization of the pledge. The supervisory authority decided on August 7, 1986, that the award of the two mortgage deeds to X. was to be revoked as a prohibited legal act within the meaning of Art. 11 DEBA.
Considerations
Pursuant to Art. 11 DEBA, it is prohibited for officials and employees of the debt collection and bankruptcy offices to conclude legal transactions for their own account regarding a claim to be collected by the office or an object to be realized. Such legal acts are invalid.
The appellant X. argued that the supervisory authority could only revoke the award as long as the debt collection proceedings were still pending. Since the pledge realization proceedings had been completed, the award…