Kernrechtsfrage
Whether the bankruptcy office had to open the revendication procedure under Art. 242 LP for a claim not embodied in a title.
Extrahierter Entscheid
No. The revendication procedure does not apply when a third party alleges that it, and not the bankrupt, owns an inventoried claim that is not incorporated in a title.
Extrahierte Begründung
The Court relied on settled case law excluding Art. 242 LP in such circumstances and found no reason to depart from it. Since the disputed asset was an unincorporated claim, the office correctly refused to act on the revendication request.