Facts
E. is a full-time auxiliary employee of the municipal administration of Winterthur. In accordance with the regulations on auxiliary personnel, a savings account in the employee's name is opened with the Cantonal Bank of Zurich, into which the municipal administration deposits 5% of the salary at its expense and an additional 5% by deduction from the salary. During the employment, the employee cannot dispose of this savings account. In the event of a possible permanent appointment, the account balance will be used in whole or in part for the purchase of the pension. In the event of the employee's departure, the municipal administration can have itself paid from the savings account for its own claims. The Federal Tribunal has ruled that the employee's right to this savings account currently constitutes only an uncertain expectation, which is not subject to seizure.Considerations
According to federal law, in principle all the debtor's property rights are subject to seizure. However, a right that in reality only has the character of such an expectation is not subject to seizure. The decisive reason is that the realization of such a right, to the extent that it would be legally possible, would lead to a senseless waste of assets. Any purchaser of the…