Questione giuridica chiave
Whether a signed debt acknowledgment transmitted by fax qualifies as a provisional title for debt enforcement under Art. 82 SchKG.
Decisione estratta
A faxed and signed debt acknowledgment can qualify as a provisional enforcement title under Art. 82 SchKG if its conformity with the original is not disputed.
Motivazione estratta
The cited Federal Supreme Court case on faxed administrative appeals concerned the formal requirement of an original handwritten signature and did not decide the evidentiary quality of a faxed debt acknowledgment. Here, the defendant did not contest that the faxed acknowledgment matched the original and did not allege forgery; it merely distanced itself from the document. Under the cited case law, the acknowledgment remained legally relevant as a provisional title.