Question juridique clé
Whether a contractual obligation to provide security in the form of a bank guarantee can be enforced by debt collection under Art. 38 para. 1 SchKG.
Solution extraite
No. If the parties specifically agreed on security in a particular non-monetary form, the claim cannot be enforced through debt collection; the creditor must rely on the agreed form and cannot convert it into a money claim in enforcement.
Motifs extraits
Art. 38 para. 1 SchKG allows enforcement of claims directed to payment of money or security, but it does not permit transforming a clearly agreed specific security arrangement into a cash deposit through the enforcement process. No clear statutory basis exists for replacing a bank guarantee with money by debt collection.