Facts
On 30 July 1982, Dr. Franz Achermann obtained a provisional seizure order against Frank Hanselmann from the seizure judge of the district of Affoltern. The seizure concerned the debtor's liquidation share in the Hanselmann-Pfister inheritance community, in particular the proceeds from the realisation of several properties located in the municipality of Stallikon. On 2 February 1983, this liquidation share was seized up to the amount of 13,000 francs. After the creditor had requested realisation on 16 March 1983, the debt collection office of Stallikon referred the matter to the district court of Affoltern on 21 April 1983 for the organisation of negotiations with a view to an agreement in accordance with Arts. 9 and 10 of the Ordinance of the Federal Tribunal on the seizure and realisation of shares in common property of 17 January 1923 (ORSPC). The district court of Affoltern then found that the last domicile of the deceased Walter Oskar Hanselmann was in Stäfa and that his estate had remained undivided. It therefore declared the seizure and execution of the provisional seizure null and void on the grounds that the debt collection office of Stallikon was not competent. The appeal filed against this decision by Achermann was dismissed by the High Court of the Canton of Zurich.Considerations
According to established case law, when the debtor has no domicile in Switzerland or no fixed domicile, his right to an undivided share of an inheritance must be seized at the place where the inheritance community can be sued, i.e. at the domicile of the deceased at the time of his death, in accordance with Art. 49 DEBA. In the present case, as the deceased's last domicile was in Stäfa, it was the debt collection office of Stäfa that was competent to authorise and execute the…