Jugement Kantonsgericht (VD - Plainte/2020/20)

Canton:	VD
Case number:	Plainte/2020/20

Instance:	Kantonsgericht
Department:	Kammer für Strafverfolgung und Konkurs

Kantonsgericht Entscheid Plainte/2020/20 vom 11.05.2020 (VD)

Date:	11.05.2020
Force of law:	-

Summary:	The Cour des poursuites et faillites has decided that a creditor who brings a debtor into debt collection for an amount due is entitled to access the debtor's asset registers. This claim also exists if the debtor denies the debt collection. The inspection of the asset registers is necessary so that the creditor can enforce his claim. The Cour des poursuites et faillites has dismissed the debtor's complaint. Detailed Summary: In a judgment of 11 May 2020, the Cour des poursuites et faillites ruled that a creditor who brings a debtor into debt collection for an amount due is entitled to access the debtor's asset registers. This claim also exists if the debtor denies the debt collection. The Cour des poursuites et faillites based its judgment on the fact that the inspection of the asset registers is necessary for the creditor to be able to enforce his claim. The debtor cannot simply invoke his right to privacy in order to block access to his financial circumstances. The Cour des poursuites et faillites has dismissed the debtor's complaint. Additional information: The decision of the Cour des poursuites et faillites is an important fundamental decision that strengthens the rights of creditors in debt collection cases.
Rule of Law:	Art. 100 BGG;Art. 13 SchKG;Art. 19a ZGB;Art. 398 ZGB;Art. 60 ZPO;Art. 67 ZPO;Art. 73 SchKG;Art. 8a SchKG;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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