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BGE 22 I 743 ΓÇó Appeal inadmissible against bankruptcy opening
BGE 22 I 743Amtliche Sammlung des Bundesgerichts (BGE) / Band I27.10.1893Inadmissible
Emil Indermühle appealed to the Federal Court against the Bern cantonal decision confirming the bankruptcy opened against him at Sophie Wüthrich's request. The Federal Court held that it lacked competence because the appeal was directed against an enforcement measure, not against a judgment deciding a substantive civil claim. It therefore did not enter into the appeal.
Art. 63 Ziff. 4 Abs. 2 O.G.; appeal admissibility against enforcement decisions: Federal Court jurisdiction by appeal extends only to cantonal judgments deciding a material civil claim, whether in ordinary or expedited proceedings. Decisions rendered in enforcement proceedings are excluded from appeal, even if formally styled as judgments. A bankruptcy opening is an enforcement measure and does not determine a substantive right; an appeal directed against such a decision is therefore inadmissible.