Facts
The dispute is between the St. Maria Regional Hospital, a private association, and the company AG für Isolierungen AGI. The latter carried out insulation work for the hospital and is claiming payment of an amount of CHF 73,993.15. Unable to obtain payment, AGI requested the provisional registration of the artisan's lien on the hospital's property. The investigating judge authorized this provisional registration and then ordered the definitive registration of the lien in the amount of CHF 37,550.50 following the legal proceedings.
The regional hospital filed an appeal against this decision, arguing that the hospital fulfills a public mission in the field of public health in the canton of Valais and that, consequently, its property must be considered as public property that is not subject to seizure and cannot be the subject of a lien.
Considerations
The Federal Tribunal rejects the hospital's argument. Even if the hospital fulfills a public mission, its assets belong to the private patrimony of the association and are not part of the public domain. Therefore, federal private law applies fully and allows the registration of a lien on the property.
Furthermore, the provisions of the Federal Act on Debt Enforcement and Bankruptcy against Municipalities and Other…