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BGE 27 I 104 ΓÇó Family members for exempt wage under Art. 93 SchKG
BGE 27 I 104Recueil officiel du Tribunal fédéral (ATF) / Volume I1 sept. 1900Dismissed
Lehrlingspatronat Zürich challenged the non-attachability of Fritz Enz's monthly wage of CHF 100 in debt enforcement. The lower authorities had taken into account his mother and two sisters when fixing the exempt amount. The Federal Supreme Court held that, for Art. 93 SchKG, persons whom the debtor actually supports and whom he is legally or at least morally obliged to support may be treated as family. The complaint was therefore dismissed.
Art. 93 SchKG; determination of the exempt portion of wages; concept of the debtor's family. In assessing the minimum wage exempt from attachment, account may be taken not only of the debtor himself but also of persons whom he in fact maintains and whom he is legally, or at least morally, bound to support. Whether the wage is necessary for the maintenance of such persons is primarily a question of appreciation of the facts, which the Federal Supreme Court reviews only within narrow limits (consid. 1). The special nature of the claim enforced is irrelevant to the question of wage exemption if no specific legal consequence is attached thereto.