Question juridique clé
Whether a named bank savings book constitutes a provisional enforcement title under Art. 82 SchKG
Solution extraite
No. The savings book was not a valid written acknowledgement of debt signed by the debtor or the creditor; the appeal was therefore dismissed.
Motifs extraits
A provisional enforcement title requires a signed debt acknowledgement. The book entry was not personally signed; a machine imprint on the receipt column did not satisfy the requirement of an autograph signature. Contractual provisions on machine validation could not replace the statutory signature requirement, and the booklet was not a negotiable instrument.