Facts
On 27 August 1982, the Swiss Bank Association had the warehouse of Günter Mayer in Bürglen attached. On 11 October 1982, the warehouse was seized in the subsequent debt enforcement proceedings.
On 8 October 1982, Günter Mayer created a pledge in favor of Commerzbank AG, which was also to affect the warehouse in Bürglen. On 19 October 1982, Commerzbank AG as the settlor concluded a trust agreement with Werner Arnold regarding the warehouse.
On 27 October 1982, Roba AG also had Günter Mayer's warehouse attached for a claim of CHF 31,000. Commerzbank AG then filed an opposition claim against Roba AG.
Considerations
An attachment has the same effects as a seizure with regard to the debtor's restriction on disposition. According to Art. 96 para. 1 DEBA, the debtor whose assets have been seized must refrain, under penalty of punishment, from any disposition of the seized assets not authorized by the debt enforcement officer. The debtor's dispositions are invalid under para. 2 of this statutory provision to the extent that they violate the rights accruing to the creditors from the seizure.
It follows that the "pledge" of 8 October 1982 is only invalid vis-à-vis the Swiss Bank Association as the creditor of the attachment of 27 August 1982 and the subsequent seizure. The defendant Roba AG cannot derive anything in its favor from this attachment, which has moreover not been further pursued since the…