progetti
BGE 13 I 38 ΓÇó No federal jurisdiction in pledge priority dispute
BGE 13 I 38Raccolta ufficiale del Tribunale federale (DTF) / Volume I5 ott 1886Inadmissible
The case was a priority dispute between Transport und Unfallsversicherungsaktiengesellschaft Zürich and Spar und Leihkasse Muri over the proceeds of a life-insurance policy pledged for Josef Strebel. The Federal Court examined jurisdiction ex officio and held that the controversy concerned only which creditor had priority up to the amount of the smaller claim. Because the amount in dispute for federal appeal purposes did not reach CHF 3,000, the court lacked competence and did not enter into the appeal. The cantonal judgment of the Aargau High Court therefore remained in force.
Federal jurisdiction; appeal value in a priority dispute between pledge creditors: where the litigation concerns only the question which of two competing creditors is to be satisfied first from the proceeds of a pledged object up to the amount of the smaller claim, the amount in dispute for federal appeal purposes is limited to that smaller amount and not to the value of the pledged object itself; if the statutory threshold is not reached, the Federal Court must, ex officio, decline to enter into the appeal (consid. 1-3).