Facts
On 27 November 2009, Ms. A. requested the Justice of the Peace of the District of Nyon to attach the property located in X., owned by her ex-husband A. She invoked a claim of CHF 230,678.65 plus interest, based on a divorce judgment that had become final and enforceable on 26 November 2007. This judgment ratified an agreement between the parties and ordered the equal division of an amount of GBP 119,992.60, representing a restitution of assets from the British tax authorities. The Justice of the Peace ordered the attachment on 1 December 2009, and then on 4 May 2010 following an objection by the debtor. The creditor validated the attachment through enforcement proceedings requested on 11 February 2010 and aimed at the payment of CHF 227,419.55 plus interest and costs, to which the ex-husband filed a total objection. By decision of 10 August 2010, the Justice of the Peace definitively lifted this objection up to the amount of CHF 191,030.85 plus interest. On appeal by the debtor, the Enforcement and Bankruptcy Court of the Vaud Cantonal Tribunal confirmed the decision of the Justice of the Peace by judgment of 17 February 2011.Considerations
According to Art. 67(1)(3) DEBA, the enforcement request addressed to the enforcement office must state the amount of the claim in Swiss legal tender. This conversion of a claim denominated in foreign currency into Swiss legal tender is a matter of public policy and a practical requirement. However, the legislator did not intend to modify the legal relationship between the parties and novate the debt denominated in foreign currency into a Swiss franc debt that the parties had freely agreed upon.
The conversion is made at the exchange rate of the day the enforcement request is filed. Since this conversion is a matter of public policy, there is no room for a choice, serving only the interests of the…