Request for the release of seized assets against the provision of a guarantee after attachment

Facts

The Republic and Canton of Ticino obtained the seizure of two properties owned by X for an amount of 20 million Swiss francs plus interest, due to a request for a guarantee for inheritance, gift and fine taxes. After the valuation of the assets, on 3 June 1991 the Debt Enforcement and Bankruptcy Office (DEBA) proceeded with the attachment of the properties. On 28 January 1992, X requested the Office to release the seized assets against the payment of 1,955,000 Swiss francs, pursuant to Art. 277 DEBA. The Office partially granted the request, but the Republic and Canton of Ticino filed an appeal, which was dismissed by the Debt Enforcement and Bankruptcy Chamber of the Court of Appeal. The Republic and Canton of Ticino then filed an appeal to the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. According to case law, Art. 277 DEBA allows the substitution of the seized assets with a guarantee of equal value, allowing the debtor to freely dispose of the assets. However, once the attachment has been carried out within the framework of the validation procedure for the seizure, the request for the release of the assets against the provision of a guarantee can no longer be granted. The attachment is a definitive enforcement measure, while the seizure is of a provisional nature. Therefore, the…