projetos
BGE 24 I 355 ΓÇó Unpfändability of tools requires current occupation
BGE 24 I 355Coletânea oficial do Tribunal Federal (BGE) / Volume I2 de mar. de 1898Dismissed
Joh. Ochsner obtained an arrest against Jakob Surbeck’s blacksmith tools in Unterklettgau. Surbeck complained that the tools were exempt competence items under Art. 92 No. 3 of the Debt Enforcement Act. The cantonal authorities rejected the complaint, finding that he had long since abandoned blacksmithing and was instead engaged in viticulture. The Federal Court upheld that view and dismissed the appeal, holding that the exemption covers only tools needed for the occupation actually pursued at the time of enforcement.
Art. 92 No. 3 Debt Enforcement Act; unattachable tools and implements only where they are necessary for the debtor’s present occupation. The term “profession” refers to the trade actually practiced at the time of the seizure or attachment. If the debtor has abandoned the former craft for years and pursued another source of income, tools of the former trade are not protected competence items. The purpose of the provision is solely to enable continuation of the current earning activity, not to preserve implements of past occupations (consid. 2).
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