Facts
The husband of the debtor, G. K., filed a complaint against the seizure of the amount at his wife's free disposal, according to art. 164 CC, for an amount of 30 francs. The seizure was carried out by the office of prosecutions of X. at the request of the Swiss Confederation and the canton of Aargau. The husband requested the cancellation of the seizure, arguing that his wife had no personal income and that the seizure infringed on his interests. The cantonal court dismissed the complaint, considering that the husband had no standing to act in his own name against the seizure of his wife's claim.
The spouses K. filed an appeal against this decision with the Chamber of prosecutions and bankruptcies of the Federal Court, requesting the cancellation of the decision of the cantonal court.
Considerations
The Federal Court examined the question of whether the husband of the debtor had standing to file a complaint against the seizure of the amount at his wife's free disposal. It considered that the husband had no right of his own to assert in the context of a complaint in matters of prosecutions, and that the seizure of the amount at his wife's free disposal did not infringe on his interests.
The Federal Court also examined the question of the nature of the contribution of art. 164 CC. It considered that this contribution did not represent a salary for the spouse who takes care of the household or the children, but rather an amount intended to enable the spouse who renounces realizing their own income to satisfy their extended personal needs to the same extent as their spouse.
The Federal…