Facts
In the debt collection proceedings against X. initiated by health insurance company A., the debt collection office Bern-Mittelland carried out an attachment on 10 December 2010. On 5 January 2011, the City of Zurich, Social Services/Maintenance Office, requested the privileged joinder to this attachment under Art. 111 DEBA for maintenance claims against the debtor, which it had advanced for his son from 1 July 2008 to 1 January 2011. The debt collection office and the cantonal supervisory authority rejected the joinder, as maintenance contributions advanced by the public authority are not entitled to privileged joinder attachment.
Considerations
The Federal Supreme Court upholds the appeal of the City of Zurich. Under Art. 289 para. 2 CC, the advanced maintenance passes "with all rights" to the public authority. This also includes the right to privileged joinder attachment under Art. 111 DEBA. The purpose of the subrogation is to prevent the maintenance debtor from benefiting from his negligence. Therefore, the public authority providing the advance can demand the privileged joinder attachment to secure the enforcement of the maintenance claim.
The supervisory…