Facts
In the debt collection proceedings initiated by the company Z. to prosecute an attachment against A. X., the debt collection office carried out the attachment on January 7, 1983. Two bank accounts held in so-called "joint accounts" were attached. B. X., the brother of the debtor A. X., filed a complaint against the attachment, as he was a co-owner of the accounts.
The cantonal supervisory authority dismissed the complaint, whereupon B. X. filed an appeal with the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court.
Considerations
The Federal Supreme Court stated that a "joint account" as such does not allow any conclusions to be drawn about the specific structure of the relationship between the account holders (internal relationship). The provisions of the Ordinance on the Attachment and Realization of Shares in Joint Assets (VVAG) are therefore only applicable if there is an obvious joint relationship within the meaning of Art. 1 VVAG between the debtor and the co-holders of the account.
In the present case, the debt collection office could not…