Kernrechtsfrage
Whether a minor whose free child assets are attached is process-capable to defend against the attachment and request attachment security.
Extrahierter Entscheid
Yes. When attachment is levied on free child assets under Art. 323(1) ZGB, the minor must be treated as process-capable for defending the attachment.
Extrahierte Begründung
Free child assets are under the child’s administration and use. Within that sphere the child has capacity to act and to be subjected to enforcement. Because attachment merely secures a future or pending enforcement, an attachment request concerning such assets must be directed against the minor, and the minor may invoke defenses, including a request for attachment security. Delictual capacity is irrelevant.