1 If the claim is based on an enforceable decision of a Swiss court or a Swiss administrative authority, the objection shall be set aside definitively unless the debtor provides documentary evidence that the debt has been repaid or deferred since the decision was issued or invokes the statute of limitations.
2 If the claim is based on an enforceable public record, the debtor may assert further defences against the obligation to perform, provided they can be proven immediately.
3If a decision has been issued in another state, the debtor may also claim the defences provided for in the relevant international treaty or, in the absence of such a treaty, in the Federal Act of 18 December 1987165 on Private International Law, unless a Swiss court has already ruled on these defences.166
164 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).
166 Amended by Art. 3 no 2 of the FedD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777).