Question juridique clé
Whether the refusal to order a güterverzeichnis under Art. 162 SchKG was arbitrary.
Solution extraite
A güterverzeichnis may be ordered only if facts credibly show that securing the debtor's assets is necessary because the creditor's interests are endangered; the appellant failed to show arbitrary assessment of the evidence.
Motifs extraits
The Federal Court held that the creditor had not demonstrated that the lower court's appreciation of the evidentiary record was manifestly untenable. The debtor had provided sufficient indications of available assets and there was no credible showing of concealment, dissipation, flight, or other concrete danger to recovery.