Rechtsöffnung · setting aside of an objection
Once the debtor has objected to the summons for payment, debt enforcement is blocked. Setting aside the objection, definitively or provisionally, is the quick way to unblock it. The concept has no common-law counterpart, and Fedlex is not consistent: the DEBA says setting aside the objection, the Civil Procedure Code clearance to proceed.
Request a demoThe term in four languages
- German
- Rechtsöffnung
- French
- mainlevée
- Italian
- rigetto dell'opposizione
- English
- setting aside of an objection
Definition
Where the debtor has objected to the summons for payment, the creditor may apply for the setting aside of the objection. The objection is set aside definitively if the claim is based on an enforceable court judgment or an equivalent title. Where the debt enforcement is based on an acknowledgement of debt evidenced by a public deed or confirmed by signature, the creditor may request that the objection be set aside provisionally. The court grants the request unless the debtor immediately enters credible defences that rebut the acknowledgement. The court decides in summary proceedings.
Swiss federal acts are published in German, French and Italian, and all three versions are equally authoritative. The English term shown here comes from the Federal Administration's English translation, published on Fedlex for information only. Where there is no translation, it follows common usage.
Full glossaryThe term in an official text
powered by Neur.onBeruht die Forderung auf einem vollstreckbaren gerichtlichen Entscheid, so kann der Gläubiger beim Richter die Aufhebung des Rechtsvorschlags (definitive Rechtsöffnung) verlangen.
If the claim is based on an enforceable court judgment, the creditor may request the court to dismiss the objection to the summons for payment (setting aside the objection definitively).
Source: Fedlex, Federal Act on Debt Enforcement and Bankruptcy. In Corrext, this segment and the ones around it appear in Fast lookup CHnell, each with its reference.
Related terms
The enforcement procedure for the payment of a sum of money.
Zahlungsbefehl · summons for paymentThe document served on the debtor that starts debt enforcement proceedings.
Rechtsvorschlag · objectionThe debtor's declaration that stops the debt enforcement proceedings brought against them.