Questão jurídica principal
Whether construction materials brought by a contractor onto the debtor’s property are in the debtor’s Gewahrsam under Art. 106 ff. SchKG.
Decisão extraída
No. The mere fact that materials are on the debtor’s land does not mean the debtor has factual control over them; the contractor remained in control.
Fundamentação extraída
The materials had been brought to the building site by the contractor and were not yet incorporated. The creditor’s claim that they were stored in a building the debtor could lock was unproven and had to be disregarded. Possession under SchKG means factual control, not a legal fiction tied to ownership of the land.