Rejection of the Attachment Request against the Liquidation Share of an Heir Residing Abroad

Facts

[X.] and [Y.] (Appellants) applied to the District Court of [A.] for the attachment of the liquidation share of [Z.] (Respondent) in the undivided estate of the deceased [W.] (Respondent's father) to secure a claim of CHF 155'538.50 plus interest. The President of the District Court of [A.] issued the attachment order, which the Respondent successfully challenged. The High Court of the Canton of Aargau dismissed the Appellants' appeal against the revocation of the attachment order. The Appellants then filed a civil law appeal to the Federal Supreme Court.

Considerations

The Federal Supreme Court states that the contested decision of the High Court is not arbitrary. According to the case law of the Federal Supreme Court (DFC 118 III 62), the community of heirs is not to be considered a third-party debtor in relation to the heir, so that Art. 49 DEBA is not applicable. Consequently, the liquidation share of the heir residing abroad cannot be attached at the place of debt collection of the estate, i.e. at the last domicile of the testator in Switzerland. Instead, according to Art. 2 of the Ordinance on the Seizure…