Questione giuridica chiave
Whether the sales contract constituted a valid acknowledgment of debt under Art. 82 SchKG for provisional lifting of opposition.
Decisione estratta
Yes. A signed sales contract can serve as an acknowledgment of debt; here the buyer had agreed to collect the goods at the seller's domicile and did not even allege attempted performance of his own obligations.
Motivazione estratta
The court held that, even under the stricter line of case law for bilateral contracts, the debtor had not made the non-performance objection credible. Because delivery was agreed as a Holschuld, the buyer had to collect the goods; mere assertion of non-delivery was insufficient.