Questão jurídica principal
Whether a seized horse may be sold immediately under Art. 124(2) SchKG because it is allegedly exposed to rapid depreciation.
Decisão extraída
A horse is not, as such, an object that automatically falls under Art. 124(2) SchKG; immediate sale requires special circumstances showing an exceptional risk of rapid loss in value, which were not shown here.
Fundamentação extraída
The mere abstract possibility of deterioration through illness, accident, or overexertion is insufficient, because such risk exists for all seized assets. Horses also do not normally require costly maintenance within the meaning of the provision, since their upkeep is usually covered by the value of their services.