Question juridique clé
Is an appeal admissible against a decision rejecting the objection for lack of return to better fortune under Art. 265a LP?
Solution extraite
No. Under Art. 265a para. 1 in fine LP, the judge's decision on this objection is not subject to any appeal; an erroneous instruction on remedies cannot create a nonexistent remedy.
Motifs extraits
The lower court wrongly indicated an appeal under Arts. 319 ff. CPC, but this incorrect notice cannot establish a legal remedy excluded by statute.