projetos
BGE 24 I 348 ΓÇó Article 242 SchKG does not cover a claim to uphold a sale contract
BGE 24 I 348Coletânea oficial do Tribunal Federal (BGE) / Volume I26 de abr. de 1898Dismissed
In the bankruptcy of Eduard Meyer, Müller sought to have the estate honor a sale contract concerning half of a property. Keller argued that the request had to be treated as an ownership claim under Art. 242 SchKG. The Federal Court held that this was not a vindication claim but a personal claim for transfer of ownership. Since Art. 242 SchKG only covers third-party assertions of ownership over estate assets, it did not apply. The appeal was therefore dismissed.
Art. 242 SchKG; distinction between vindicatory ownership claim and contractual claim for transfer of title; only a third party’s assertion of ownership over an asset drawn into the estate triggers the special procedure. A request that the bankruptcy estate honor a sale contract is not an Eigentumsansprache, but the invocation of a personal right to performance. The bankruptcy administration may still decide whether to perform the debtor’s contractual obligation under Art. 211 Abs. 2 SchKG; if it opts to enter the claim in the collocation scheme, this sufficiently indicates that it does not intend to perform the contract.