Facts
On 16 June 1964, the District Court of Zurich pronounced the divorce of Alfredo and Leonora Baratti-Giannoni and ordered the former to pay his ex-wife an indemnity of 200,000 francs, of which 50,000 francs were payable in annuities of 10,000 francs starting from 1 January 1965. Baratti remained active in the company "Arno-Immobilien Nora Baratti" in Zurich after the divorce. On 4 November 1966, the Zurich 6 debt collection office seized a portion of Baratti's monthly salary claim of 3,000 francs against his ex-wife, reducing it to 1,214.50 francs per month as of 1 November 1966. Mrs. Baratti paid the November 1966 salary to the debt collection office, but not the amounts for the following months. The office therefore authorized Gatzka, the pursuing creditor, to personally assert the amounts from December 1966 to June 1967, totaling 8,562 francs. Gatzka pursued Mrs. Baratti for the payment of this sum. She filed an objection, invoking a set-off with her claim arising from the divorce judgment, as Baratti had not complied with his obligation to pay her 10,000 francs per year starting from 1 January 1965.Considerations
The District Court of Zurich and, on appeal by the defendant, the High Court of the Canton of Zurich, upheld the claim. The Federal Tribunal considers that the fact that Baratti did or did not receive his full salary from the defendant's company's cash register is irrelevant. If he has cashed the seized amount, this disposition would be null to the extent that it would infringe on the rights of the pursuing creditor arising from the seizure (Art. 96(2) DEBA). The debtor can only validly pay the debt collection office (Art. 99 DEBA). The Federal Tribunal rules that set-off is in principle…