Fachfrau/Fachmann Betreibung und Konkurs (Swiss professional foundations) flashcards

30 cards. Read the term and the definition here. The deck at the top of this page is optional.

Zahlungsbefehl

A procedural payment order in Swiss enforcement that must not be confused with a final court judgment establishing the underlying debt.

Rechtsvorschlag

The debtor’s procedural objection to enforcement, whose scope and treatment must be distinguished from a final adjudication of the asserted claim.

Definitive Rechtsöffnung

A judicial route associated with an enforceable qualifying title, distinct from an unrestricted new merits trial conducted by the enforcement office.

Provisorische Rechtsöffnung

A title-based provisional route associated with a qualifying acknowledgment of debt and its applicable conditions, defenses and subsequent merits challenge.

Aberkennungsklage

The merits challenge associated with provisional Rechtsöffnung, requiring attention to its proper procedure rather than treating provisional enforceability as an unconditional final determination.

Fortsetzungsbegehren

The creditor’s application to continue enforcement, which is a separate procedural step from initially requesting and serving a payment order.

Pfändung

An enforcement measure affecting legally available assets or income, distinct from their later sale, actual payment receipts and distribution to creditors.

Betreibungsrechtliches Existenzminimum

The protected subsistence basis considered in income attachment under applicable rules and case circumstances rather than a universal invented allowance.

Schätzung

A valuation estimate used in the administration of an asset, not proof that a sale occurred or the estimated amount was received.

Verwertung

Realization of an affected asset under the relevant procedure, with its actual result distinguished from inventory estimates and later distributions.

Bruttoerlös und Nettoerlös

A distinction between gross proceeds and the amount remaining after relevant supported deductions, without assuming a universal deduction or ranking rule.

Verteilungsliste

The allocation of bankruptcy distributions to creditors, distinguished from merely listing participants or recording a claim before its appropriate determination.

Zahlungsabstimmung

Reconciliation linking receipts, payments, supporting records and balances to prevent duplicate allocation or treating unreceived proceeds as available cash.

Arrest

A provisional preservation measure concerning qualifying debtor assets for a money claim, not itself satisfaction of the claim or criminal detention.

Arrestgrund

A statutory basis for the preservation measure that must be supported separately from the underlying claim and identification of the assets.

Arrestprosequierung

The required pursuit of the claim after arrest through the applicable procedural steps, distinct from assuming preservation alone produces payment.

Pfandverwertung

Enforcement directed at pledged security under the applicable conditions, requiring a connection between the secured obligation, the right and the asset.

Drittpfandgeber

A person whose property provides security for another obligation, whose role must not automatically be equated with personal liability for that debt.

Wechselbetreibung

A special enforcement route with documentary and statutory prerequisites, not a label that can be applied to any ordinary invoice with a payment date.

Konkursmasse

The assets and legal positions belonging to the bankruptcy estate under applicable law, distinguished from every object merely located at the debtor’s premises.

Kollokation

The bankruptcy administration’s examination and determination of claims as to existence, amount and ranking, formally reflected in the relevant plan.

Nachlassstundung

A court-related restructuring stage providing time within a legal framework, not automatically a confirmed agreement, completed performance or universal debt release.

Sachwalter

The appointed restructuring role with powers and duties under the applicable law and order, including relevant supervision and reporting rather than guaranteed payment.

Einstellung mangels Aktiven

A procedural response to insufficient assets under its applicable conditions, not automatic proof that every alleged debt never existed or was fully paid.

Liquidität

Availability of funds to meet due obligations, distinguished from overall balance-sheet asset value or a forecast of possible future receipts.

Betreibungsrechtliche Beschwerde

A supervisory remedy concerning enforcement conduct within its proper scope, distinct from the procedures for adjudicating the substantive existence of a debt.

Zustellung

A legally relevant service event whose requirements and evidence must be distinguished from creating, saving or merely sending a document.

Aufschiebende Wirkung

The effect, where applicable under the particular remedy or order, of suspending execution rather than an automatic property of every objection letter.

Ausstand

The question of whether impartiality requirements call for a person to step aside, assessed under the relevant rules rather than hidden personal preferences.

Übergangsrecht

Rules determining how legal changes apply across relevant dates and situations, which must be checked rather than treating an announcement as immediate universal law.