281.1
SCHKGLPLEF
CH
Art. 54 Bundesgesetz vom 11. April 1889 über Schuldbetreibung und Konkurs (SchKG)
SchKG; Zweiter Titel: Schuldbetreibung; II. Ort der Betreibung; D. Konkursort bei flüchtigem Schuldner
Art. 54 SchKG
Gegen einen flüchtigen Schuldner wird der Konkurs an dessen letztem Wohnsitze eröffnet.
Gerichtsentscheide zu dieser Bestimmung (17)
A/1236/2025 · ge (art. 54 LP)
Debt Enforcement Serviceability Dispute
Cited to define the 'fictitious jurisdiction' at the last known domicile when the debtor flees, which was relevant to the decision to admit the appeal.
A/3198/2024 · ge (art. 54 LP)
Challenge to Debt Collection Jurisdiction Based on Alleged Foreign Domicile
Cited in the reasoning to discuss the concept of a fictitious enforcement location (for fictif).
A/1859/2024 · ge (art. 54 LP)
Creditor Complaint Regarding Inadmissibility of Debt Enforcement Proceedings Due to Debtor's Foreign Residence
Cited as the basis for the 'fictitious venue' at the last known domicile, which the court ultimately decided was not applicable because a foreign residence was established.
A/1080/2024 · ge (art. 54 LP)
Debtor Jurisdiction Challenge in Debt Enforcement Action
Cited in the reasoning section concerning the fictitious venue for a debtor who has fled.
A/1836/2018 · ge (art. 54 LP)
Creditor v. Enforcement Office Regarding Debt Collection After Debtor's Departure
Cited in the reasoning section regarding the special venue in case of the debtor's bankruptcy in flight.
A/3263/2015 · ge (art. 50, 51, 52 et 54 LP)
Debtor Challenges Payment Order Service Based on Domicile Abroad
These provisions concerning special venues were cited as exceptions that could allow continuation of proceedings when the debtor moves abroad.
A/1094/2015 · ge (art. 54 LP)
Creditor v. Enforcement Office: Territorial Jurisdiction for Seizure Proceedings
Cited in the reasoning to support the conclusion that the pursuit must continue at the last domicile in Switzerland when the debtor has fled and the new residence is unknown.
A/3613/2014 · ge (art. 54 LP)
Creditor v. Enforcement Office: Continuation of Debt Collection Proceedings Without Proven Foreign Domicile
Cited in the reasoning regarding bankruptcy in cases where the debtor has fled, supporting the decision.
LP 14 18 · vs (Art. 54 LP)
Cantonal Court Upholds Ex Parte Bankruptcy Order Against Fugitive Debtor
This article was used to establish the competent jurisdiction (for the bankruptcy order) based on the debtor's last domicile, which was found to be in F_________.
ML.2011.5 · vd (Art. 54 LP)
Appeal Inadmissibility Due to Procedural Non-Compliance
Cited as the general rule for the deadline to file an appeal against a summary decision.
ML.2010.126 · vd (Art. 54 LP)
Guardianship Enforcement Appeal Denied for Untimely Filing and Lack of Tutelary Ratification
Cited in the reasoning regarding the deadline for filing the appeal (though the final decision relied on the lack of ratification, which is covered by the CC articles).
AA080073 · zh (Art. 54 in Verbindung mit Art. 61 Abs. 1 der Gebührenverordnung zum SchKG)
Insolvency Deferral Denial Upheld Despite Secretary's Deadline Error
Cited for the determination of the fee for the cassation proceedings.
A/4689/2007 · ge (Art. 54 LP)
Forum for Debt Collection When Debtor's Residence is Unknown
Cited by analogy in the reasoning regarding the principle applicable to an absent debtor whose new residence is unknown.
SKA 2005 30 · gr (Art. 54 SchKG)
Creditor v. Debtor: Competence of Enforcement Location After Debtor Flees Abroad
The appeal was partially granted because the debtor was deemed to be fleeing (Zahlungsflucht) according to this article, justifying the continuation of the proceedings at the last known location.
14.2003.98 · ti (Art. 54 LEF)
In Re: Bankruptcy Petition Based on Alleged Debtor Flight
Cited as the procedural basis for territorial jurisdiction when the debtor is considered a 'fleeing debtor' under Art. 190 LEF.