Facts
In this case, a FIAT vehicle, estimated at CHF 5,000, was seized by the creditor Geiser from the debtor Pulver. The vehicle was sold under reservation of title in favor of the credit company "Abri", to whom only a balance of CHF 400 remained to be paid. Although the vehicle is registered in the name of the debtor Pulver, who is the sole user, his wife claims to be the purchaser and that she will become the owner once the full price is paid.
The debt collection office in Berne opened third-party opposition proceedings to the seizure, in accordance with Art. 107 DEBA, following the objection of the creditor Geiser. However, the cantonal supervisory authority annulled this setting of a deadline, considering that Mrs. Pulver held co-possession of the vehicle and that the debt collection office should therefore proceed according to Art. 109 DEBA.
Considerations
The Debt Collection and Bankruptcy Chamber considers that despite the reservation of title in favor of the credit company "Abri", the vehicle should be seized as if it already belonged to the buyer. Indeed, economically, the object subject to a reservation of title already belongs to the buyer, unless the seller asserts his right of repossession in accordance with Art. 226 CO. The seizure of the vehicle was not contested by anyone.
However, the Chamber considers that the dispute concerns the possession of the seized vehicle, and not a contractual claim to the acquisition of ownership. Thus, the material possession of the object is decisive for the allocation of roles between the parties, in accordance with Arts. 106 to 109 DEBA.
In this case, the fact that the vehicle is registered in the name of…