Questão jurídica principal
Whether the released seized funds had to be handed to the appellant on the basis of the 1993 assignment
Decisão extraída
The court held that the claim could not be granted in this proceeding; the appellant had to pursue any civil claim against the company in ordinary civil proceedings.
Fundamentação extraída
The seizure did not make the canton the debtor's substitute, so Arts. 96 and 168 OR do not apply. In a dispute over entitlement to a seized claim, the criminal authority may only make a provisional release decision; the civil court decides final entitlement. After payment to the company account, only a state-liability claim could remain.