Kernrechtsfrage
Whether the rent-adjustment judgment could serve as a definitive enforcement title for debt collection
Extrahierter Entscheid
No. A definitive release under Art. 80 SchKG requires a condemnatory judgment; a constitutive or merely declaratory judgment does not suffice.
Extrahierte Begründung
The judgment fixing the permitted rent increase under Art. 270c CO did not order payment of a sum of money. The court reiterated that enforcement proceedings cannot be used to establish the claim or correct the merits of the judgment.