Dismissal of the wife's appeal against the realization of the pledge

Facts

M.B.-C. filed an application with the District Court of Dielsdorf to revoke or suspend the debt collection proceedings initiated against her husband U. B. for the realization of the pledge. She claimed that the mortgage deed for CHF 280,000 had been increased without her knowledge and consent, in violation of Art. 169 of the Swiss Civil Code, and was therefore null and void. The District Court and the High Court of the Canton of Zurich dismissed her complaint.

M.B.-C. then filed an appeal with the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court. However, the court did not enter into the appeal.

Considerations

The Federal Supreme Court stated that the debtor should have contested the existence of the pledge right with the objection. Since he failed to do so, he cannot subsequently assert this through a complaint and appeal. According to the case law, the existence of the pledge right is to be decided by the judge, not the debt collection office or the supervisory authority.

Furthermore, the wife is not entitled…