Art. 48 Loi d'application de la loi fédérale sur la poursuite pour dettes et la faillite (LALP) - Ordonnance

AbR.2006.07.Nr.12 · ow (Art. 48 SchKG)

Creditor's Duty to Provide Debtor Location Information for Enforcement Proceedings

Applied to address the situation of debtors without a fixed place of residence.

RBOG.2009.Nr.13 · tg (Art. 48 SchKG)

Determination of Debtor's Domicile for Debt Enforcement

This article was cited as the applicable rule if the debtor had no fixed domicile in A, which is the location where the debtor was found to be subject to collection.

A/1236/2025 · ge (art. 48 LP)

Debt Enforcement Serviceability Dispute

Cited as the rule for the jurisdiction where a debtor without a fixed domicile can be sued.

A/1859/2024 · ge (art. 48 à 52 LP)

Creditor Complaint Regarding Inadmissibility of Debt Enforcement Proceedings Due to Debtor's Foreign Residence

Cited as the special venues applicable if the debtor leaves Switzerland without establishing a new domicile.

A/1080/2024 · ge (art. 48 à 52 LP)

Debtor Jurisdiction Challenge in Debt Enforcement Action

Cited multiple times in the reasoning section regarding the determination of special venues for debt enforcement against debtors residing abroad.

BEK 2024 90 · sz (Art. 48 Abs. 1 i.V.m. Art. 61 Abs. 1 SchKG)

Challenge to Recognition of French Judgments Based on Punitive Damages and Due Process Violations

Cited in connection with the imposition of appeal costs on the appellant.

BEK 2024 150 · sz (Art. 48 Abs. 1 i.V.m. Art. 61 Abs. 1 SchKG)

Appeal Regarding Judicial Authorization for Administrative Claim

Cited together with Art. 106 Abs. 1 ZPO regarding the basis for imposing costs.

A/1441/2024 · ge (art. 48 LP)

Jurisdiction Challenge Based on Debtor's Fictitious Domicile and Place of Stay

This provision was used to determine the jurisdiction (for of residence/stay) in debt enforcement proceedings, concluding that the debtor could be sued in Geneva under this rule.

PS240070 · zh (Art. 48 SchKG)

Creditor Burden of Proof for Enforcement Jurisdiction Based on Debtor Domicile

Although discussed extensively, this article justifying a substitute forum (residence without fixed domicile) was not cited in the final operative orders (dispositive).

PS240078 · zh (Art. 48 SchKG)

Debt Enforcement: Jurisdiction and Service Validated Despite Appellant's Claims of Foreign Residence and Invalid Service

Cited regarding the place of enforcement (debtor's place of stay).

ZSU.2023.233 · ag (Art. 48 Abs. 1 SchKG)

Debt Claim Enforcement Denied Due to Insufficient Proof of Debt

The court fee for the appeal is set at CHF 250.00.

A/3416/2022 · ge (art. 48 LP)

Debtor's Domicile in Portugal Voids Geneva Debt Collection Order

The court used this article to reject the creditor's attempt to establish jurisdiction based on the debtor's presence in Geneva, ultimately leading to the admission of the appeal and annulment of the enforcement proceedings due to the debtor having an established domicile elsewhere.

ZSU.2022.275 · ag (Art. 48 SchkG)

Creditor's Provisional Seizure Upheld Despite Pending Federal Appeal

Cited in conjunction with GebV SchKG to determine the amount of the court fee.

A/157/2021 · ge (art. 48 LP)

Creditor Appeal Regarding Insufficient Debtor Address for Enforcement Venue

Cited as the substantive legal basis for the analysis regarding the special debtor location (for) which ultimately led to the rejection of the appeal.

ASSLP.2020.7 · ne (Art. 48 LP)

Debt Enforcement Jurisdiction Based on Incarceration Location

The court determined that the debtor had no fixed domicile and ruled that the place of pursuit must be the place where he is found, which is his detention facility in Gorgier.