Kernrechtsfrage
Whether the release from parental maintenance duty under Art. 276(3) CC may be invoked in legal-ressolution proceedings.
Extrahierter Entscheid
Yes. The enforcement judge may take account of such an objection when documents or an unconditional admission make it obvious that the maintenance obligation has ceased because the entitled child can fully support itself.
Extrahierte Begründung
Although the release exists by operation of law and is not dependent on mention in the divorce judgment, the legal-ressolution judge is only required to conduct a rapid, formal review under Art. 81(1) SchKG. He should therefore consider Art. 276(3) CC objections only where the loss of the basis for the maintenance debt is apparent from the record, for reasons of procedural economy.