May 27, 2024


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Compensation claims in debt enforcement and bankruptcy law

Alejandro J. Morales Sancho
Compensation claims in debt enforcement and bankruptcy law
Zurich / St. Gallen 2020
220 pages
Dyke Verlag
78.00 Swiss Franc
ISBN 978-3-03891-039-8


Book (binding)
Writings on the Swiss Civil Procedure Code, Volume 34

Content / review

The thesis presented as an opening letter deals with the substantive statutory compensation claims that can be envisioned for SchKG’s stipulated compensation claims.

Starting points were formed

  • For example, matters where the damage is caused by a mandatory enforcement agency
    • In performing the tasks of sovereignty
    • Because it is illegal Arrests
    • Due to a default claim by the defaulting bidder in one auction

To compensate for damage, the aggrieved party has different grounds for claims based on SchKG 5, paragraphs 1 and 4:

  • Compensation and / or
  • Gratification

Depending on the occasion, the author distinguishes between the following complaints:

The work also explains in detail:

  • Procedures for confirming claims related to compensation until the decision of the Supreme Court
  • Further treatment of the procedural aspects of compensation claims is in the DEBG

At the end of the work there is another reading for the reader

  • Brief evaluation
  • Final consideration

Both enable the reader to form an opinion by following the detailed explanations of the DEBG damage claim.

The bibliography takes into account the literature and case law published until the end of May 2019.

Contents Overview

an introduction

Table of contents

Part A. Introduction

  • 1 subject matter of investigation
  • 2 Acting Course
  • 3 General Eligibility Requirements
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Part B. SchKG’s claims for damages in detail

  • 4- State liability lawsuit
  • 5 A lawsuit for compensation for arrest
  • 6 – A lawsuit for compensation against the first bidder
  • 7 positions
  • 8 procedural issues

Part C. Summary of evaluation and conclusion

  • 9 Summary of the evaluation
  • 10 Conclusion

List of Abbreviations


Subject dedicated to DEBA damages claims


Good lighting for a special theme

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