Kernrechtsfrage
Whether a bankruptcy loss certificate can serve as a title for provisional release for a public-law claim
Extrahierter Entscheid
No. Public-law claims that cannot be pursued in ordinary civil proceedings are not subject to provisional release; a bankruptcy loss certificate does not justify it.
Extrahierte Begründung
Provisional release presupposes that the debtor can later bring an action to deny the debt, but such an action is unavailable for public-law claims because the civil court lacks functional jurisdiction and administrative procedure provides no denial action.