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BGE 38 I 638 ΓÇó Appealability of executor fee assessment in composition proceedings
BGE 38 I 638Recueil officiel du Tribunal fédéral (ATF) / Volume I10 juil. 1912Dismissed
The executor Brügger challenged a Bernese appellate court decision that reduced his cost bill in composition proceedings. The Federal Court held that its review extends only to remuneration items expressly fixed by the tariff. For all other services, the executor's bill is merely a request to the composition authorities, whose decision is final and cannot be attacked by complaint or federal appeal. The appeal was therefore inadmissible to the extent it concerned those non-tariff items.
Art. 295 Abs. 3 SchKG; Art. 17 f. and Art. 19 SchKG; Art. 56 Tarif über die Gebühren im Nachlassverfahren; appealability of the executor's fee bill. Remuneration items whose amount is fixed directly by the tariff constitute an order of the executor and are subject to supervisory review by the debt-enforcement and bankruptcy authorities, ultimately by the Federal Court. By contrast, for services not specifically tariffed, the executor's fee bill has merely the character of a proposal to the composition authority; the latter's decision is final and cannot be challenged by complaint or federal appeal. The jurisdictional distinction depends on whether the tariff itself determines the fee or leaves its fixing to the composition authority according to the services rendered (consid. 1).