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BGE 41 III 56 ΓÇó Seizure immunity of mixed life insurance policies
BGE 41 III 56Amtliche Sammlung des Bundesgerichts (BGE) / Band III15.10.1936Granted
Fritz Zaugg contested the seizure of a life insurance policy issued by Germania in Stettin and seized in debt-enforcement proceedings by the Betreibungsamt Buttisholz. He argued that the policy was exempt from seizure because it was taken out for the benefit of his wife and children. The supervisory authority had rejected the complaint. The Federal court held that the statutory non-seizability also applies to mixed or shortened life insurance policies payable either to the insured at maturity or to his heirs upon earlier death. It therefore allowed the complaint and treated the seizure as unlawful.
Non-seizability of life-insurance claims; mixed or shortened life-insurance policies payable alternatively to the insured at maturity or to his heirs on earlier death fall within the statutory protection and remain exempt from seizure. The exemption is mandatory and is not defeated by the circumstance that the policy is also intended to benefit the spouse or descendants upon the insured’s premature death. Enforcement measures against such claims are therefore unlawful (consid. 1).
Ges.-Ausg. f.7 I No. 108, 33 I No. 83 u. 110. BGE 48 111 S. 416. und Konkurskammer. N° 14.