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BGE 24 II 298 ΓÇó Weibergut claim on attachment; federal jurisdiction denied
BGE 24 II 298Federal Supreme Court Official Reports (BGE) / Band IIMay 28, 1898Inadmissible
Peters appealed to the Federal Supreme Court after the Zurich lower courts fully rejected her claim that she could join an attachment for a marital-property claim. She argued that the lower court had wrongly required her to credit values received from her husband against her Weibergut and thereby violated Art. 111 SchKG. The Federal Supreme Court held that Art. 111 SchKG does not create a substantive privilege; it only leaves to cantonal law the procedural privilege of joining an attachment without prior enforcement. Because the real dispute concerned matrimonial property law, not federal debt-enforcement law, the court found that it lacked jurisdiction and declined to hear the appeal.
Art. 111 SchKG; Art. 56 f. OG; scope of the wife’s attachment privilege and federal jurisdiction over marital-property disputes. Art. 111 SchKG does not establish a substantive federal Weibergut privilege, but merely reserves to cantonal legislation the procedural right of the wife to join an attachment without prior debt enforcement for claims arising from the marital relationship. Whether, and in what amount, a marital-property claim exists, including the allocation of values received from the husband, is governed by matrimonial property law and thus by the applicable cantonal or foreign law (consid. 1). Where the controversy is not decided by federal law, the Federal Supreme Court lacks appellate competence under Arts. 56 and 57 OG; it need not examine further admissibility requirements, such as whether the cantonal decision qualifies as a final judgment (consid. 2).