progetti
BGE 27 I 246 ΓÇó Bed retention lifted as exempt competence item
BGE 27 I 246Raccolta ufficiale del Tribunale federale (DTF) / Volume I13 nov 1900Granted
Wilhelm Schmidt Wolf challenged the retention of one bed, claiming it was exempt because he lived with his wife and three young children and otherwise would have too few beds. The cantonal supervisory authority rejected the complaint, relying on the fact that one bed had been rented out and another sold. On appeal, the Federal Court refused to consider new factual allegations as nova, but held on the basis of the established facts that the family would be left with only two beds for five persons. It therefore found the retention incompatible with the competence exemption under Art. 92 No. 1 and lifted the attachment.
Art. 92 Ziff. 1 B. G.; competence items; beds as exempt household necessities. In enforcement proceedings, a bed may not be retained if its seizure would leave a debtor’s household with an insufficient number of beds for the family members concerned. The statutory privilege must be interpreted with regard to basic needs and considerations of morality and hygiene; at least each adult member of the debtor’s family may claim a bed for personal use, subject to the concrete living circumstances. New factual allegations first raised before the Federal Court are inadmissible as nova unless it is shown that they were already submitted below and wrongly disregarded (consid. 1–2).