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Federal Act
on Debt Enforcement and Bankruptcy
(DEBA)1

1 Inserted by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227; BBl 1991 III 1).

Art. 108231

b. In the case of the third party’s cus­tody or co-cus­tody

 

1 The cred­it­or and debt­or may bring an ac­tion against the third party to have his claim de­clared un­foun­ded if the claim relates to

1.
a mov­able item in the cus­tody or joint cus­tody of the third party;
2.
a claim or oth­er right, provided that the third party’s en­ti­tle­ment is more likely than that of the debt­or;
3
im­mov­able prop­erty, provided the claim is re­cor­ded in the land re­gister.

2 The debt en­force­ment of­fice shall set them a dead­line of 20 days to do so.

3 If no ac­tion is filed, the claim shall be deemed to have been re­cog­nised in the debt en­force­ment pro­ceed­ings in ques­tion.

4 On the de­mand of the cred­it­or or the debt­or, the third party shall be re­ques­ted to sub­mit his evid­ence to the debt en­force­ment of­fice for in­spec­tion with­in the time lim­it for bring­ing an ac­tion. Art­icle 73 para­graph 2 ap­plies mu­tatis mutandis.

231 Amended by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227; BBl 1991 III 1).