Key legal question
Whether conciliation is required in a debt denial action with a dispute value under CHF 5,000.
Extracted holding
No conciliation is required; Art. 6 ZPO contains an exhaustive exception list, and debt denial actions under CHF 5,000 are not included.
Extracted reasoning
The wording of Art. 6 ZPO is clear and exhaustive. Any gap would have to be filled by the legislature, not by interpretation under Art. 1(2) ZGB. The legislature deliberately omitted this type of case, and conciliation is less apt here because the dispute has already failed to settle before the debt enforcement judge.