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BGE 8 I 544 ΓÇó Federal Court lacked jurisdiction over civil claim against canton
BGE 8 I 544Raccolta ufficiale del Tribunale federale (DTF) / Volume I7 gen 1882Inadmissible
The bankruptcy estate of I. A. Rechsteiner sued the Canton of Appenzell I. Rh. for return of securities allegedly extracted unlawfully in a guardianship setting. The defendant objected that the Federal Court lacked competence. The Court held that the canton was not acting as a private-law holder of rights in the securities, but only through its administrative organs for the benefit of the wife and child. Because a civil action against the canton was not available on these facts, the Court declined to hear the case.
Art. 27 Ziff. 4 OG; civil action against a canton presupposes a true private-law dispute with the canton as subject of rights and obligations. Where a cantonal authority disposes of property solely in its capacity as an organ of public administration, in particular within a guardianship or protective administration, the canton is not the civil-law opposing party. In such a constellation, the claim must be directed against the persons for whose benefit the administration was established, or their legal representatives; otherwise the Federal Court lacks jurisdiction ex officio.
render Renitenz gegen behördliche Anordnungen schuldig gemacht und sich überdem vor der Standeskommission, vor der er in betrunkenem Zustande erschienen sei, ungebührlich aufgeführt habe. Das Bundesgericht zieht in Erwägung: