Federal Act
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Art. 95
7. Order of distraint a. In general 1 In the first instance, movable assets, including claims and claims subject to limited distrainability (Art. 93), shall be attached. The first items to be distrained are everyday items; However, more dispensable assets shall be distrained before those less dispensable.214 2 Immovable assets shall only be distrained if the movable assets are insufficient to cover the debt.215 3 In the last instance, assets which have been attached or which are designated by the debtor as belonging to third parties or are claimed by third parties shall be distrained. 4 If fodder stocks are distrained, a corresponding number of livestock must also be distrained at the debtor’s request. 4bis The officer may derogate from this order if the circumstances justify it or if the creditor and debtor jointly request so.216 5 Moreover, the officer shall, as far as practicable, take into account the interests of both the creditor and the debtor. 214 Amended by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227; BBl 1991 III 1). 215 Amended by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227; BBl 1991 III 1). 216 Inserted by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227; BBl 1991 III 1). |
