projetos
BGE 33 I 428 ΓÇó Wage garnishment and debtor’s social status under Art. 93 SchKG
BGE 33 I 428Coletânea oficial do Tribunal Federal (BGE) / Volume I22 de fev. de 1907Dismissed
Elise Wild challenged the wage garnishment fixed for her husband Paul Wild, a bookkeeper whose CHF 150 monthly salary was already garnished by CHF 50. She sought an additional CHF 50 for maintenance. The first instance ordered an additional CHF 40, but the second instance reduced this to CHF 10. The Federal Court held that the debtor’s social position could be considered when determining the protected minimum under Art. 93 SchKG and that the adequacy of the amount was a matter of discretion not reviewable in federal proceedings. The appeal was dismissed.
Art. 93 SchKG; wage garnishment and protected minimum; consideration of the debtor’s social position. In fixing the unseizable portion of earnings, the enforcement authority may take account of the debtor’s occupational and social standing to the extent required to preserve the factual basis of earning capacity. The determination of the protected minimum within the bounds of the case is, as a rule, a question of discretion and appropriateness not open to federal review. Where the challenged decision resolves a subsidiary question of the relevance of the claim’s nature in favor of the appellant, that issue is immaterial to the appeal (consid. 1).