Kernrechtsfrage
Whether a waiver of the exempt status of seized property declared by a third person present at the seizure binds the debtor.
Extrahierter Entscheid
No. Such a waiver is effective only if expressed by the debtor himself or by a person specially authorized to transmit or substitute the debtor’s will. The wife’s declaration was therefore not binding on the debtor.
Extrahierte Begründung
A waiver of statutory rights against creditors requires the will of the entitled person, here the debtor. A third party can bind the debtor only if a special relationship shows authority to convey or replace that will. The mere absence of the debtor from the seizure does not establish such authority, and no additional circumstances showed that the wife merely expressed his will or was authorized to represent him.