Federal Law On Debt Collection And Bankruptcy

1493 WordsFeb 14, 20176 Pages
The deposit for the purpose of the guarantee of precautionary maintenance payments represent on his part a precautionary measure, which is eo ipso cancelled with valid conclusion of the divorce proceedings with regards to the maintenance. In accordance with Clause 6 of the agreement, the release of the deposited amount requires either an agreement among the parties or a judicial decision. Is the latter the case, the competence of the court has to remain naturally in the context of legal bases. Concerning this matter, it needs to be stated that the order relating to the request of the appellant to the (partial) payment to herself for the repayment of the awarded monetary compensation would equal a direct enforcement in the sense of Art. 236…show more content…
132 (2) ZGB - whose conditions were probably not fulfilled anyway - nor the continuing validity of the deposit to the possibility to aim for official enforcement in terms of the order from the appeal judgement (see for the latter Spycher, a.a.O., N 23 to Art. 276 ZPO). It should be noted that in order to ensure the enforcement of the monetary compensation based on Art. 271 (1.6). 6 SchKG, the provision for an arrest is available, whereby the appropriate request could be submitted already during the specified appeal period, since the complaint to the Swiss Federal court usually has no dilatory effect and the appeal judgement is, therefore, executory until issuance (see Art. 103 (1 and 3) BGG). 11.a. If the contested decision is to be corrected after what has been said, also the costs of the previous instance have to be reassessed (Art. 318 (3) ZPO). Here, the appeal instance has, regardless of the fact that the proceedings of the previous instance are based on the regulations of the Grisons Code of Civil Procedure, apply the valid procedural law. With a reformatory decision, there is no question, whether the first instance has handled the past cantonal procedural law during the cost allocation in the correct manner; the appeal instance has to

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