Legal proposal
A legal proposal is generally an objection or objection to a legal act with the aim and consequence that a court must decide on the admissibility of the act in question.
Legislative proposal in particular is in Swiss law of debt collection, the oral or written statement of Operated ( debtor ) that he by the creditor denies requirement set in prosecution. This allows the debtor to temporarily stop any prosecution initiated against him . The basis for this is defined in the Federal Act on Debt Collection and Bankruptcy in Articles 74 ff.
The debtor can either inform the deliverer of the payment order immediately, orally or in writing, or he can make up for it no later than 10 days after delivery of the payment order.
The debtor can dispute all or part of the claim. If he does not give precise details, the whole claim is considered disputed.
Making the legislative proposal is very easy. The debtor does not need to give any reasons. This means that when an order for payment is received, a legal proposal is made directly, even if the claim is justified.
The consequence of the legal proposal is that the prosecution comes to a standstill (Art. 78 (1) SchKG) and can only be continued after the law has been opened .
Legal disclosure is not mandatory in every case. The pursuit can be continued by rejecting the legal proposal personally. Proof of the legality of the claims is not necessary. These exceptions concern the state authorities, the health insurance companies and Billag . In such a case, the debtor still has the option of going to a court to dispute the claim. In cases that concern the health insurance companies, this would be the Federal Insurance Court in Lucerne.
Regardless of the legal proposal, the debtor has 20 days after delivery of the payment order to settle the claim in whole or in part.
A legal proposal in the broader sense can also be made in other cases; z. B. Article 120 of the Introductory Act of the Canton of Bern to the Swiss Civil Code gives the person concerned or opponent of a ban applied for by a private person under threat of punishment for the protection of property the possibility of a legal proposal: If this legal proposal is made, the person banned must go to court to enforce the ban against the submitter complain of the legal proposal.
See also
In Germany, the Swiss legal proposal corresponds to objection in the dunning procedure .
Individual evidence
- ↑ In addition, for example, enforceability can be contested through debt collection (Hunziker / Pellascio, p. 74 f.).
- ↑ Hunziker / Pellascio, p. 75 (also on the exceptions)
- ↑ Exceptions for authorities
