Question juridique clé
Whether provisional legal opening could be granted where the loss certificates likely stemmed from a claim basis allowing objection proceedings.
Solution extraite
Yes, in the absence of any indication that the underlying loss certificates were based on a public-law decision, the creditor's request for provisional legal opening could be understood as implying a debt-acknowledgment basis.
Motifs extraits
The lower court merely assumed that the original claim had been enforced by administrative decision. The creditor had submitted only the loss certificates and premium reimbursement applications, but had requested provisional legal opening; the debtor did not object that the certificates rested on public-law claims. Under these circumstances, provisional legal opening was admissible.