Question juridique clé
Whether the partition authority had power under Art. 612 ZGB to order a public auction of the estate property.
Solution extraite
Yes. The partition authority may, as a preliminary matter, determine whether sale of the estate asset is permissible and then decide whether the auction must be public or only among heirs.
Motifs extraits
The authority may answer material preliminary questions so long as the partition court has not already decided them and no partition action is pending. This does not usurp the court's role because the authority's decision is reviewable by the courts and serves efficient estate division.