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BGE 71 III 114 ΓÇó Deadline for complaint against auction adjudication
BGE 71 III 114Recueil officiel du Tribunal fédéral (ATF) / Volume III27 sept. 1944Dismissed
The debtor, Bodenmann, sought to overturn an auction adjudication, arguing that the auction had not been properly prepared and that too many items were realized. The Federal Tribunal held that the complaint period starts on the auction day once the auction notice has been duly served, and that service by registered mail is effective when collected by an authorized recipient. Because the debtor failed to show improper service and filed the complaint more than a year after the auction, the complaint was dismissed as untimely.
Art. 136b and Art. 17 Abs. 2 SchKG; complaint against auction adjudication and start of the time limit; the complaint period begins on the day of the auction for the notified person. Where the auction notice is sent by registered mail, service is valid not only upon personal delivery to the addressee but also upon delivery to any person authorized under postal rules to receive registered mail (consid. 1). If such service is regular, a complaint filed more than one year after the auction is time-barred; the supervisory authority may not annul the auction notice where the complaint properly concerns only the office act of the adjudication (consid. 2).