281.1
SCHKGLPLEF
CH
CH
Art. 43 Bundesgesetz vom 11. April 1889 über Schuldbetreibung und Konkurs (SchKG)
SchKG; Zweiter Titel: Schuldbetreibung; I. Arten der Schuldbetreibung; E. Ausnahmen von der Konkursbetreibung
Art. 43 SchKG
Die Konkursbetreibung ist in jedem Fall ausgeschlossen für: 1. ... 1bis. ... 2. periodische familienrechtliche Unterhalts- und Unterstützungsbeiträge sowie Unterhaltsbeiträge nach dem Partnerschaftsgesetz vom 18. Juni 2004 ; 3. Ansprüche auf Sicherheitsleistung.
Gerichtsentscheide zu dieser Bestimmung (129)
RBOG.1996.Nr.11 · tg (Art. 43 SchKG)
Private Insurer's Claim for Special Debt Enforcement Procedure Denied
This article defines the conditions under which debt collection must occur via attachment rather than bankruptcy, and the court determined that the creditor (a private insurance entity) did not meet the criteria of being an 'öffentliche Kasse' (public fund).
ZZ.1987.5 · so (Art. 43 SchKG)
Health Insurance Contribution Collection in Bankruptcy: Attachment vs. Petition
The court found that enforcement proceedings against the debtor for public-law claims must proceed by way of attachment (Pfändung) according to this article, making the previous bankruptcy threat void.
ARMC.2025.74 · ne (Art. 43 LP)
Company Appeal of Bankruptcy Judgment Upheld Due to Insufficient Solvency Proof
Cited in reference to enforcement proceedings leading to a threat of bankruptcy (but is not cited in the dispositive orders 1-5).
PS250213 · zh (Art. 43 SchKG)
Company Solvency Post-Decision Permits Reversal of Bankruptcy Order
Cited in the reasoning section regarding the potential for a new bankruptcy filing based on public law claims, which impacts the assessment of future payment ability.
PS250084 · zh (Art. 43 SchKG)
In re Company's Financial Solvency
Mentioned in the reasoning regarding the assessment of the debtor's ability to pay, specifically concerning whether debts could lead to bankruptcy.
A/3212/2024 · ge (Art. 43 LP)
General Contractor v. Compensation Funds (Bill of Exchange Enforcement)
Cited as the potential ground for inadmissibility of exchange proceedings due to public law claims, but ultimately rejected because the debtor waived this protection by issuing a promissory note.
ARMC.2024.3 · ne (Art. 43 LP)
Restaurant Company Bankruptcy Appeal Rejection Due to Lack of Proof and Insolvency Status
Cited in the reasoning when discussing the burden of proof for debtors who have received seizure notices.
A/2456/2023 · ge (Art. 43 LP)
Architect's Bankruptcy Enforcement Challenge Over Struck-Off Business Dismissed
The court rejected the appeal because the claim for accident insurance premiums did not fall under the scope of Art. 43 ch. 1bis LP, meaning the bankruptcy procedure was applicable.
PS230194 · zh (Art. 43 SchKG)
Appeal Against Bankruptcy Dismissed Due to Unproven Solvency
Mentioned in the reasoning section when discussing which claims are excluded from seizure for bankruptcy proceedings, although not directly used in the final orders.
PS230196 · zh (Art. 43 SchKG)
Debtor's Appeal Against Bankruptcy Dismissed Due to Insufficient Solvency Proof
This article regarding executions excluded from bankruptcy proceedings was mentioned in the reasoning but not cited in the dispositive orders 1-8.
KSK 2022 49 · gr (art. 43 cifra 2 LEF)
Appellant v. Creditor (Bankruptcy Order Validity)
The court explicitly cited this article as the ground for declaring the bankruptcy warning null and void because it concerned maintenance payments.
A/2046/2022 · ge (art. 43 LP)
Proprietor's Challenge to Bankruptcy Threat Notice Based on Incorrect Continuation Procedure
The court analyzed whether the debts were excluded from bankruptcy proceedings under this provision, concluding that the exception was not met for any of the claims.
ASSLP.2022.4 · ne (Art. 43 ch. 1 LP)
Enforcement Seizures Following Payment Moratorium Cancellation for Installment Defaults
Cited by the appellant in the reasoning, but not explicitly used in the dispositive orders (orders 1, 2, 3).
PS210220 · zh (Art. 43 Ziff. 1 SchKG)
Insolvency Annulment Upheld Due to Debt Payment and Demonstrated Solvency
Cited in the reasoning to explain that certain types of debts (social insurance/taxes) cannot lead to bankruptcy, informing the overall assessment, but not directly used in the final orders.
PS200243 · zh (Art. 43 SchKG)
Appeal Against Bankruptcy Reversal Due to Subsequent Debt Payment and Solvency Demonstration
Mentioned in the reasoning regarding which debts are excluded from bankruptcy proceedings, although the primary application for the decision is Art. 174 Abs. 2 SchKG.