Facts
A. Krieg had initiated debt collection proceedings No. 33862 against Jean de Ry and obtained definitive and provisional orders for enforcement. On September 11, 1964, the attachment was executed, during which a claim for CHF 50,000 from the sale proceeds of a bronze bust as well as the debtor's pre-emptive right to this artwork were attached.
In the meantime, on June 29, 1964, A. Krieg had assigned the claim in the debt collection proceedings to the firm Zanchi SA in Lausanne. On September 11, the lawyer of A. Krieg and the cessionary notified the debtor and the debt collection office of the assignment and requested that the debt collection proceedings be continued in the name of the cessionary.
The debtor then filed a complaint against the debt collection office's recognition of the assignment, requesting the attachment document to be revoked and the debt collection office to be instructed not to comply with any further requests from the cessionary. He argued that the assignment was null and void and constituted an abuse of rights.
Considerations
The Federal Supreme Court held that the cessionary generally steps into the debt collection legal position of the assignor and can continue the debt collection proceedings at the stage they had reached, in their own name. However, the debtor must be given the opportunity to raise any defenses he may have against the cessionary, particularly the validity of the assignment.
For this purpose, the debtor has the subsequent objection under Art. 77 DEBA at his disposal. The debt collection office and the…