Questão jurídica principal
Whether the Lausanne enforcement office had territorial competence to seize the debtor’s claim to a share in an undivided succession administered abroad.
Decisão extraída
Yes. An unsecured claim to a liquidation share is localized at the debtor’s Swiss domicile, so it may be seized in Switzerland despite the debtor’s counterpart being abroad.
Fundamentação extraída
Under the OPC, seizure of a debtor’s rights in a community concerns the liquidation proceeds. Non-certificated claims are generally located at the debtor’s domicile in Switzerland. The foreign domicile of the claim’s debtor does not prevent Swiss seizure.