Kernrechtsfrage
Whether provisional legal opening could be granted on the loss certificates.
Extrahierter Entscheid
Yes. The appeal file implied that the underlying claim was based on a debt acknowledgment under Art. 82 SchKG, not on a public-law decision preventing the action.
Extrahierte Begründung
The creditor had filed only the loss certificates and reimbursement requests, but its request for provisional legal opening indicated that the claim was to be treated as one founded on a debt acknowledgment. The debtor did not assert that the certificates were based on a public-law claim. The lower court's assumption that a prior decision had been issued was therefore unsupported.