Questione giuridica chiave
Whether the challenged cantonal decision violated Art. 9 BV by holding that enforcement of the USD judgment claim had to proceed under the SchKG rather than through the cantonal enforcement judge.
Decisione estratta
The cantonal court could without arbitrariness treat the judgment as a money debt enforceable under the SchKG, even though it was denominated in foreign currency.
Motivazione estratta
The federal judgment awarded a monetary payment, not a specific performance. A foreign-currency money debt is, in principle, a money claim within Art. 38 SchKG. Only where the judgment clearly characterizes the debt as an effective debt excluding payment in Swiss francs would cantonal enforcement rules apply. The appellant did not show that the opposing view was arbitrary.