projekte
BGE 39 I 688 ΓÇó Wife cannot claim exempt item after debtor waived it in inventory
BGE 39 I 688Amtliche Sammlung des Bundesgerichts (BGE) / Band I03.05.1913Dismissed
During Johann Senn’s bankruptcy, his wife sought to have a sewing machine treated as an exempt necessity item because she used it for sewing and embroidery work. The cantonal supervisory authority rejected her complaint as out of time. On federal appeal, the court held that a spouse generally lacks an independent complaint right in this context and may act only exceptionally as representative of the marital community. Since Johann Senn had signed the bankruptcy inventory without reservation and had not timely challenged it, he had waived the exemption claim. That waiver was binding on his wife as well, unless she also asserted ownership, which she did not.
Art. 224 SchKG; waiver of exemption claim by unconditional signature of the bankruptcy inventory; standing of spouse to complain about inclusion of alleged exempt item. The debtor who signs the inventory without reservation and fails to challenge it within time relinquishes the right to assert that an object is exempt from seizure or bankruptcy estate. That waiver is binding on the spouse as well. A spouse has no independent complaint standing to claim exemption of the item, except possibly where she asserts a concurrent ownership right. The spouse may act only exceptionally and in the place of the debtor, namely when representation of the marital community under civil law is implicated.
Diese Voraussetzung trifft aber hier nicht zu, da mit keinem Wort der Rekurrentin ge die N t worden ist, ildbetreibungs und Konkurskammer erkannt: Der Rekurs wird abgewiesen.