Questione giuridica chiave
Whether the constitutional complaint was admissible alongside the SchKG complaint and could challenge the factual finding that the custodian did not refuse access.
Decisione estratta
The complaint was admissible only insofar as no remedy under Art. 19 SchKG was available; factual findings could be challenged only by constitutional complaint, not by SchKG complaint.
Motivazione estratta
The federal court reiterated the subsidiary and cassatory nature of the constitutional complaint and the binding effect of factual findings in the SchKG complaint procedure.