Kernrechtsfrage
Whether a federal debt-enforcement appeal lies against a decision refusing suspensive effect to a complaint under Art. 36 SchKG.
Extrahierter Entscheid
No. Such a decision is not challengeable by an appeal under Arts. 19 SchKG and 78 ff. OJ; the only possible remedy would be a public-law appeal.
Extrahierte Begründung
A refusal of suspensive effect in complaint proceedings is excluded from the ordinary debt-enforcement appeal system. The court also noted that the appeal had been consciously chosen by counsel, so conversion into a public-law appeal was not possible.