Seizure of Wife's Land Register Property in Debt Enforcement

The issue was whether real estate registered in the name of the debtor's wife was subject to seizure under debt enforcement law, according to Article 95 (3) of the Debt Enforcement and Bankruptcy Act (SchKG) in conjunction with Article 10 of the Execution Ordinance (VZG). The court reasoned that the ownership of real estate is determined by the land register entry, not informal arrangements or an antenuptial agreement establishing separation of property, as such agreements only create personal obligations and do not alter proprietary rights unless followed by a real rights transaction recorded in the register. Since the wife was the undisputed owner according to the land register and the separation of property regime meant her assets were not liable for the husband's debts, the conditions for seizure under Article 10 VZG were not met, and thus the seizure was ruled inadmissible at that time.