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BGE 20 I 876 ΓÇó Appeal inadmissible in ownership claim over seized assets
BGE 20 I 876Federal Supreme Court Official Reports (BGE) / Band INov 5, 1893Inadmissible
Adolf Iseli appealed to the Federal Supreme Court after the Bernese Appellations- und Kassationshof had partly upheld his ownership claim to seized property and rejected it in other respects. The Federal Supreme Court held ex officio that the appeal was inadmissible. Claims to the seized real estate depended exclusively on cantonal law and were therefore not appealable, while the movables did not reach the CHF 2,000 value threshold because only their appraised value could be counted. The appeal was thus dismissed for lack of jurisdiction.
Art. 79 OG in connection with Art. 56, 57 and 59 OG; appealability and value in dispute in an ownership claim against attachment; claims concerning seized real estate governed exclusively by cantonal law are not cognizable by federal appeal, and their value cannot be included in the Streitwert for appealable movables. For the minimum value, only the objectively appraised value of the appealable предметs counts; non-appealable claims are excluded from the computation. The Federal Supreme Court examines ex officio whether the appeal conditions are met (consid. 2).