Questione giuridica chiave
Whether aftermieters may obtain exclusion of their goods from a retention inventory by supervisory complaint.
Decisione estratta
The complaint was dismissed because the dispute concerned third-party claims in enforcement, which must be decided by the courts, not by the supervisory authorities.
Motivazione estratta
The inventory was taken against the tenant Knecht. The aftermieters therefore stood as third parties. Their request was based on ownership of the listed items, not on the absence of prerequisites for the inventory. Such third-party claims in an execution proceeding fall under judicial determination under Art. 106-109 and 155 SchKG.