Questão jurídica principal
Whether the complaint against the cantonal refusal to lift the seizure of the insurance rent was admissible and well-founded
Decisão extraída
The appeal was admissible and the refusal had to be annulled in part as to the insurance rent, because the cantonal court arbitrarily failed to examine the debtor's minimum-vital situation under Art. 93 LP by analogy.
Fundamentação extraída
The court held that abuse of rights could not be assumed for the choice of a policy paying a rent when the dossier did not exclude that the rent was meant to provide subsistence for the debtor and his children. Since Art. 93 LP makes garnishment of rent the rule and only protects what is indispensable, the cantonal court had to assess the effective financial situation instead of stopping at abuse of rights.