Art. 78 Bundesgesetz vom 11. April 1889 über Schuldbetreibung und Konkurs (SchKG)

AbR.1996.97.Nr.20 · ow (Art. 78 Abs. 2 SchKG)

Provisional Seizure Barred in Second Enforcement Action for Same Claim

Cited to explain that the creditor could have continued debt enforcement based on the debtor's acknowledgment of the claim in the first payment order.

HG240101 · zh (Art. 78 SchKG)

Contractor v. Subcontractor: Defective Welding and Rectification Costs

Cited to explain the effect of an opposition in enforcement proceedings.

A/118/2024 · ge (Art. 78 LP)

Seizure Validity Challenge Based on Provisional Judgment and Spousal Notification Dispute

The court used this provision to address the argument that the enforcement could not continue because the opposition to the payment order had not been definitively lifted.

PS240208 · zh (Art. 78 f. SchKG)

Debtor's Appeal of Bankruptcy Dismissed Due to Procedural Service and Non-Substantive Defense of Claim Validity

Cited implicitly in the reasoning regarding the consequences of raising an objection, but not explicitly in the dispositive orders.

93/2024/6 · sh (Art. 78 Abs. 1 SchKG)

Creditor's Selective Service on Undivided Estate Heir Constitutes Abuse of Rights

Cited to explain the effect of opposition (Rechtsvorschlag) in execution proceedings, although not directly used for the nullity ruling.

HG220124 · zh (Art. 78 Abs. 1 SchKG)

Commission Dispute Over Mezzanine Financing Mandate Agreements

Cited in the context of explaining that an objection to execution proceedings leads to the suspension of the proceedings.

A/1106/2023 · ge (art. 78 LP)

Debtor Opposition to Payment Order Notification by Public Notice

Cited to establish that opposition suspends the enforcement proceedings.

A/886/2023 · ge (art. 78 LP)

Attachment Order Compliance and Jurisdictional Limits in Debt Enforcement

This article, concerning the suspension of enforcement by opposition, was used to reject the appellant's argument regarding the continuation of enforcement proceedings.

HG220025 · zh (Art. 78 Abs. 1 SchKG)

Dispute Over Verbal Excavation and Transport Contract Payment

Referenced in the reasoning section explaining the effect of the objection (Rechtsvorschlag) in debt enforcement, which supports the context for order no. 1 concerning the lifting of the objection.

HG210048 · zh (Art. 78 SchKG)

Claimant v. Supplier: Refund for Non-Delivery of Goods

Cited regarding the effect of a formal objection (Rechtsvorschlag) in debt enforcement proceedings.

36----------- · vd (Art. 78 al. 1 LP)

Appeal on Salary Garnishment Following Untimely Opposition to Payment Orders

This provision establishes that opposition suspends the debt collection procedure, justifying the admission of the appeal and the cancellation of the seizure orders.

14.2021.180 · ti (art. 78 cpv. 1 LEF)

Execution Debtor's Appeal Regarding Debt Collection and Omitted Opposition on "Not Returning to Better Fortune"

Mentioned in the reasoning as the applicable article concerning the suspension of execution until both oppositions are resolved, but this provision is not explicitly in the final orders.

KSK 2021 89 · gr (Art. 78 Abs. 1 SchKG)

Appeal Upheld: Void Provisional Judicial Authorization Due to Insufficient Service Due Diligence

Used to establish that the collection procedure is deemed discontinued due to the objection after the annulment of the preceding decision.

15.2021.90 · ti (art. 78 cpv. 1 LEF)

Improper Notification in Execution Proceedings and Subsequent Bankruptcy Threat

Used to order the registration of the opposition, which suspends the execution.

A/263/2021 · ge (art. 78 al. 1 LP)

Company v. Bankruptcy Notice Based on Unauthorized Opposition Withdrawal

Cited to establish that the opposition suspends the collection procedure.