Facts
On May 10, 1957, Handelsbank Luzern A.-G. obtained an attachment order against Büterra-Immobilien A.-G. for a claim of CHF 247,154 plus interest. The Debt Collection Office Zurich 6 executed the attachment and, by analogous application of Art. 102 DEBA, also subjected the future rental income of the property to the seizure.
The debtor filed a complaint against the seizure of the rents. The lower supervisory authority lifted the seizure, as only the objects listed in the attachment order may be attached. However, the upper cantonal supervisory authority dismissed the debtor's complaint as unfounded.
The debtor maintains the complaint in an appeal to the Federal Supreme Court.
Considerations
The Federal Supreme Court dismisses the debtor's appeal. It states that according to Art. 275 DEBA, the attachment is carried out in accordance with the provisions of Art. 91-109 DEBA. Thus, Art. 102 DEBA is also applicable, which provides that the attachment of real estate also covers its fruits and other earnings.
The lower supervisory authority had considered the inclusion of the earnings as inadmissible, as only the objects listed in the attachment order may be attached. However, the Federal Supreme Court sees no contradiction to Art. 102 DEBA in this. The generation of earnings is a measure of the execution and the resulting official administration of…