Decision on the Dissolution of a Simple Partnership and the Realization of the Joint Assets

Facts

In an enforcement proceeding against [A.] and [B.] , their liquidation shares in the joint assets (a property) were seized. After failed conciliation negotiations, the debt collection office forwarded the files to the cantonal supervisory authority to determine the mode of realization. The Cantonal Court of Fribourg as the supervisory authority ordered the dissolution of the simple partnership [A.] and [B.] and the realization of the property. [A.] and [B.] appealed against this decision to the Federal Supreme Court.

Considerations

The Federal Supreme Court did not enter into the appeal. It stated that the conciliation negotiations pursuant to Art. 9 para. 1 DRJPO serve to reach an amicable settlement between the parties, which was not successful here. Therefore, the supervisory authority had to decide pursuant to Art. 10 para. 2 DRJPO whether the seized share right should be auctioned or the dissolution of the partnership and liquidation of the joint assets should be initiated. The supervisory authority had rightly ordered the dissolution of the simple partnership and the…