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Art. 57d – Lifting by the court

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Art. 57d114

A stay of enforcement due to military, civil protection or civil defence service may on application by a creditor be lifted with immediate effect by the court competent to set aside the objection in general or for individual claims if the creditor provides prima facie evidence that:115

1.

the debtor has deprived the creditors of access to assets or that he is making arrangements to favour certain creditors to the prejudice of others or to prejudice the creditors in general, or

2.116

the debtor is performing military, civil protection or civil defence service voluntarily and does not require the stay of enforcement for his financial subsistence, or

3.117

the debtor is performing military, civil protection or civil defence service voluntarily in order to evade his liabilities.

  1. 114 Inserted by Art. 2 of the FA of 28 Sept. 1949, in force since 1 Feb. 1950 (AS 1950 I 57; BBl 1948 I 1218).
  2. 115 Amended by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227; BBl 1991 III 1).
  3. 116 Amended by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227; BBl 1991 III 1).
  4. 117 Amended by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227; BBl 1991 III 1).
Legal act context
SR 281.1 · DEBA · Federal act · Federal Act of 11 April 1889 on Debt Enforcement and Bankruptcy (DEBA)
Structure path
Title Two Debt Enforcement III. Hours of Closure, Debt Enforcement Holidays and Stays of Enforcement B. Stay of enforcement 1. Due to military, civil protection or civil defence service e. Lifting by the court
Language
English (en)
Data status
2026-01-01

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