Facts
Albert Streuli was officially registered in the commercial register on 13 August 1954 as the owner of the hotel-restaurant "zur Krone" in Adliswil, in accordance with Art. 57 para. 4 CRO. This entry was published on 17 August 1954 in the Swiss Official Gazette of Commerce. Subsequently, several payment orders were served on him. On 3 September 1954, he received such a payment order in the context of the debt collection case no. 3493 initiated by Hans Haudenschild. On 4 September 1954, his entry in the commercial register was deleted, the publication in the Swiss Official Gazette of Commerce on 8 September 1954 indicating that it was not him, but his wife, who was the owner of the business. Simultaneously, Mrs. Streuli was registered. On 6 September 1954, Streuli filed a complaint to have the payment order in debt collection case no. 3493 annulled, on the grounds that he had been wrongly registered in the commercial register. In accordance with the decision of the lower cantonal authority, the higher cantonal supervisory authority rejected the complaint on 15 October 1954, on the grounds that, in deciding whether a debtor is subject to bankruptcy proceedings, the content of the commercial register is authoritative.Considerations
The Federal Tribunal dismisses Streuli's appeal. According to the consistent case law of the Federal Tribunal, which corresponds to the clear wording of the law and the need for a simple criterion to apply as well as a clear delineation of competences between the debt collection authorities and the register authorities, the debt collection authorities, in the application of Art. 39 and 40 DEBA, do not have to examine whether the entries and deletions made in the commercial register are justified or not, but must adhere to the state of the register (cf. in particular ATF 29 I 506, 30 I 760, 41 III 373 and 48 III 202). Even if one were to accept an exception to this principle when the entry or deletion is based on a manifest error, this would not be the case here, as…