Questão jurídica principal
Whether, in determining the debtor's subsistence minimum in a concubinage without children, the enforcement office may apply half of the spouse basic amount rather than the single-person amount.
Decisão extraída
Yes. For a lasting cohabitation without common children, the enforcement office may generally use the spouse basic amount and leave the debtor at least half of it, so long as the concrete circumstances are properly considered.
Fundamentação extraída
The court held that under Art. 93 SchKG the enforcement officer has discretion, reviewable for irrelevant criteria or ignored relevant circumstances. Because a durable cohabitation creates living-cost savings comparable to a marriage, the spouse basic amount is appropriate; since the cohabitant owes no maintenance duty, the debtor must at least retain half of the spouse amount.