Questão jurídica principal
Whether service of debt-enforcement documents to the guardianship authority was valid where the guardian had been appointed but the appointment was not yet published and the office knew only of the guardianship proceedings.
Decisão extraída
Yes. Until publication, the appointment is not effective against good-faith third parties; since the enforcement office knew only of the pending guardianship proceedings, service to the guardianship authority was proper and effective.
Fundamentação extraída
By analogy to Art. 6 para. 1 HfG, restrictions on capacity bind third parties only after public notice. The office therefore need not take account of an unpublished guardianship appointment. Because it knew of the pending incapacity proceedings and prior protective measures, Art. 47 para. 2 SchKG required service on the guardianship authority, which then had to act within the complaint period.