Decision of the Federal Tribunal on Property Rights in Bankruptcy Proceedings

Facts

In this case, Ms. Zuber has been registered in the land register as the owner of a property since August 9, 1955. After her husband was declared bankrupt on June 10, 1958, the bankruptcy office claimed this property as part of the bankruptcy estate. It then summoned Ms. Zuber to file an action to have her property rights recognized. Ms. Zuber contested this summons before the cantonal supervisory authority, which annulled it on March 13, 1959. The bankruptcy office then appealed this decision to the Federal Tribunal.

Considerations

According to the consistent case law of the Federal Tribunal, in a dispute over the ownership of real estate, the party whose property rights are not registered in the land register must act as the plaintiff, and not be summoned to do so. This also applies in bankruptcy proceedings, where the decisive criterion for the allocation of party roles is no longer the actual possession of the property, but the registration in the land register.

Since Ms. Zuber is registered in the land register as the owner of the property, it was…