progetti
BGE 24 I 148 ΓÇó Federal review of postponement under debt enforcement law
BGE 24 I 148Raccolta ufficiale del Tribunale federale (DTF) / Volume I18 gen 1898Dismissed
Franz Good challenged a St. Gallen supervisory decision that had refused further postponement of enforcement for a quarterly alimony installment owed to his divorced wife. The Federal Court held that postponement under Art. 123 SchKG is chiefly a matter of discretion and factual appraisal, reviewable by the federal supervisory authority only for legal violations or denial/delay of justice. Because the cantonal authority’s reasoning, including consideration of the nature of the claim, was compatible with the statute, the recourse was dismissed.
Art. 123, 17, 19 SchKG; postponement of enforcement and scope of federal review. The grant or refusal of postponement under Art. 123 SchKG is primarily an issue of appropriateness and factual assessment within the competence of the cantonal supervisory authority. The federal supervisory instance does not re-examine such discretion; it intervenes only where the cantonal decision rests on grounds irreconcilable with the purpose and system of the Act, or where a violation of law or denial/delay of justice is shown (consid. 1). The nature of the enforced claim may lawfully be taken into account when assessing whether postponement is justified.