Question juridique clé
How much of a monthly salary of CHF 150 could be garnished despite the debtor's maintenance obligation to his wife?
Solution extraite
The Federal Court left the lower court’s assessment undisturbed and held that the additional garnishable amount of CHF 10 was not reviewable as an issue of mere appropriateness.
Motifs extraits
The lower court could take the debtor’s social position into account when fixing the protected minimum, because a bookkeeper cannot be treated like an unskilled laborer in terms of clothing and nourishment. Whether the court could have gone below CHF 90 was, on the facts, a matter of discretion beyond federal review.