Facts
In enforcement proceedings brought by the Schweizerische Kreditanstalt against the cattle dealer Otto Sch., the debt collection office carried out a seizure on assets located on the farm rented by the debtor's father, Arnold Sch., in Joliette. However, it was found that these assets did not belong to the debtor but to third parties, namely Arnold Sch. and Traugott H. The Swiss Federal Tribunal ruled that this seizure was devoid of any legal basis and therefore had to be annulled.Considerations
The Swiss Federal Tribunal recalled that a seizure can only be levied on assets belonging to the debtor. When assets are held by a third party, they can only be seized if the debtor or the creditor alleges that they belong to them, or if there are other elements allowing this to be presumed. In the present case, the findings of the debt collection…