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Art. 80 – Documents that entitle the objection to be set aside

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Art. 80154

1

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).155

2

The following are equivalent to court judgments:156

1.

court settlements and recognition of debts in court;

[tab]

1bis.157 enforceable public records under Articles 347–352 CPC158;

2.159

orders issued by Swiss administrative authorities;

3.160

...

4.161

the final decisions of the inspectorates taken in application of Article 16 paragraph 1 of the Federal Act of 17 June 2005162 on Illegal Employment and which relate to inspection costs;

5.163

in relation to value added tax: tax returns and assessment notices that have become legally binding by prescription, and assessment notices that have become legally binding through their written acceptance by the taxable person.

  1. 154 Amended by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227; BBl 1991 III 1).
  2. 155 Amended by Annex 1 No II 17 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
  3. 156 Amended by Annex 1 No II 17 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
  4. 157 Inserted by Annex 1 No II 17 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
  5. 158 SR 272
  6. 159 Amended by Annex 1 No II 17 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
  7. 160 Repealed by Annex 1 No II 17 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
  8. 161 Inserted by Annex No 3 of the FA of 17 June 2005 on Illegal Employment, in force since 1 Jan. 2008 (AS 2007 359; BBl 2002 3605).
  9. 162 SR 822.41
  10. 163 Inserted by Annex No 2 of the FA of 30 Sept. 2016, in force since 1 Jan. 2018 (AS 2017 3575; BBl 2015 2615).
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 VIII. Summons for Payment and Filing an Objection to the Summons C. Objection D. Dismissal of the objection 2. By setting aside the objection definitively a. Documents that entitle the objection to be set aside
Language
English (en)
Data status
2026-01-01

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