Facts
On March 28, 1980, the Single Judge at the District Court of Zurich issued an arrest order against the C. Bank upon the application of D. AG. The debtor under the arrest (C. Bank) filed a nullity appeal against the arrest order and the payment order obtained to enforce the arrest with the High Court of the Canton of Zurich, which was, however, dismissed. With the present constitutional appeal, the debtor under the arrest requested the annulment of the High Court's decision as well as the arrest and payment orders.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that according to the conclusive federal legal regulation, the debtor under the arrest is not heard in the arrest authorization proceedings. This regulation is binding and cannot be reviewed for its constitutionality.
The Federal Supreme Court explained that the arrest as a precautionary measure to protect endangered creditor rights only makes sense if it is carried out by surprise. The debtor under the arrest is not without protection, as various legal remedies such as the action for the lifting of the arrest, the possibility of providing security, and the claim for damages in case of…