281.1
VBGOVHRUEC
CH-ZH
CH-ZH
Art. 46 : Verordnung über die Betreibungs und Gemeindeammannämter (VBG)
Art. 46
Diese Verordnung tritt am 1. Juli 2010 in Kraft.
Inkrafttreten
1 OS 65, 345.
2 LS 131.1.
3 LS 131.3.
4 LS 161.
5 LS 175.2.
6 LS 211.1.
7 LS 212.51.
8 LS 281.
9 SR 210.
10 SR 211.413.1.
11 SR 211.423.1.
12 SR 281.31.
13 SR 281.41.
14 SR 281.42.
15 Fassung gemäss B vom 3. November 2010 (OS 65, 865; ABI 2010, 2525). In
Kraft seit 1. Januar 2011.
1.1.11-71
11
Gerichtsentscheide zu dieser Bestimmung (14)
EB240556 · zh (Art. 46 Abs. 1 SchKG)
Provisional Debt Enforcement Refused Due to Void Suretyship Under Swiss Law
Cited in the context of determining local jurisdiction, referring to the debtor's place of residence.
RT240111 · zh (Art. 46 Abs. 1 SchKG)
Swiss Court Affirms Jurisdiction in Debt Enforcement Case
Cited as the rule defining the debtor's domicile as the ordinary place of debt collection, relevant to the jurisdiction argument, but not directly applied in the dispositive orders.
PS240070 · zh (Art. 46 SchKG)
Creditor Burden of Proof for Enforcement Jurisdiction Based on Debtor Domicile
Cited multiple times in the reasoning to define the ordinary place of debt enforcement (debtor's domicile), but not cited in the operative orders.
PS240078 · zh (Art. 46 Abs. 1 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 domicile).
PS240098 · zh (Art. 46 SchKG)
Enforcement Jurisdiction Appeal Dismissed for Lack of Justification
This provision regarding the debtor's domicile is cited to explain the underlying issue that the lower court's decision addressed, although it is not the direct basis for the non-admission order itself.
PS220197 · zh (Art. 46 Abs. 2 SchKG)
Bankruptcy Order Annulled Due to Defective Notice After Debtor Relocation
Cited as the general rule requiring legal entities to be pursued at their registered seat, providing context for the jurisdictional issue.
PS200233 · zh (Art. 46 Abs. 1 SchKG)
Debtor Jurisdiction Challenge Dismissed Despite Claimed Foreign Domicile
The court's decision on the merits relies on finding that the debtor did not prove an alternative domicile as required by this article for determining the competent collection office.
PS200204 · zh (Art. 46 Abs. 1 SchKG)
Creditor's Debt Enforcement Action Against Unreachable Debtor
This provision is cited in the reasoning, and the court's final order is to dismiss the appeal, implying this provision was considered in the decision-making process regarding the debtor's place of residence for execution.
PS190171 · zh (Art. 46 Abs. 1 SchKG)
Creditor's Arrest of Foreign Bank Account Upheld
Cited to explain the general rule that a debtor is to be pursued at their place of residence, which is an exception to the rule applied in this case.
PS170238 · zh (Art. 46 Abs. 1 SchKG)
Enforcement Office Lacked Jurisdiction for Precautionary Bank Account Seizure
Cited in the reasoning (E. 3.4) to establish the competent place for enforcement, supporting the finding that the Fällanden office was not competent, which leads to the annulment in Order No. 1.
PP120018 · zh (Art. 46 Abs. 1 SchKG)
Jurisdiction in Denial of Claim Action Following Change of Debtor's Residence After Request for Continuation of Debt Collection
Mentioned in point 4 as the rule governing where the debtor must be sued (debtor's domicile).
PS120192 · zh (Art. 46 SchKG)
Debtor's Untimely Objection and Incompetence Defense in Swiss Debt Collection Proceedings
Cited multiple times in the reasoning concerning the rules for jurisdiction/venue concerning payment orders (Art. 46 N 33, 35), which was the substantive issue addressed.
PS220197 · zh (Art. 46 Abs. 2 SchKG)
Bankruptcy Voided Due to Improper Service Location
Cited to establish the rule for the correct enforcement authority based on the registered domicile of the legal entity.
PS240098 · zh (Art. 46 SchKG)
Creditor Appeal Dismissed for Procedural Deficiency in Debt Enforcement Jurisdiction Dispute
Although mentioned in the reasoning regarding the basis for the administrative office's decision, it was not explicitly cited in the dispositive orders (1-5).