Facts
The appellant, Jean-Louis Bopp, was a partner in a general partnership that went bankrupt on January 13, 1976. On November 5, 1981, he was served with a payment order by Overseas Development Bank in liquidation for an amount of 38,713 francs, the basis of the claim being the certificate of loss issued in the bankruptcy of the partnership. Under the "opposition" section, Bopp wrote "I have not returned to better fortune" and signed it. The Debt Collection Office returned the payment order to the creditor, indicating that it was subject to opposition.
The creditor contested that the words written by Bopp constituted an opposition within the meaning of Art. 74 DEBA. The Office then decided to reject the exception of non-return to better fortune and to cancel the recorded opposition. Bopp filed a complaint with the supervisory authority, which was rejected. He then appealed to the Federal Tribunal.
Considerations
The Federal Tribunal upheld the appeal and declared Bopp's opposition valid. It considered that the opposition under Art. 74 DEBA is not subject to any formal requirements and that the mere signature of the debtor under the "opposition" section of the payment order is sufficient. Although the mention of non-return to better fortune is irrelevant in this case, this does not have the effect of rendering the opposition…