Questione giuridica chiave
Whether the debtor had proven a new domicile abroad so that the debt enforcement forum in Switzerland no longer existed.
Decisione estratta
The alleged move to London was not proven by objective, externally recognizable facts; the supervisory commission rightly denied a new domicile.
Motivazione estratta
Domicile under Art. 46 LP and Art. 23 CC requires the place where a person resides with the intention to remain and where the center of life is situated. A mere declaration to the population office was only an indication and needed corroboration by objective facts. The debtor bore the burden of proving the new domicile.