Questão jurídica principal
Whether the arrest order violated constitutional domicile protection under Art. 59 BV
Decisão extraída
Yes. As an established Swiss citizen domiciled in Bern, the appellant’s assets could not be subjected to arrest outside the canton of domicile.
Fundamentação extraída
Because the respondents did not answer the complaint, the appellant’s allegations were deemed admitted; on that basis, the arrest contravened Art. 59 BV and had to be annulled as unconstitutional.