Questione giuridica chiave
Whether provisional legal opening should be limited to only the arrears of CHF 11,900.
Decisione estratta
No. The acknowledgment of debt dated 15 December 2016 contained an acceleration clause providing that the full claim became due if more than two instalments were outstanding, so title existed for the entire amount.
Motivazione estratta
The appellant herself did not dispute the underlying claim and invoked only the instalment agreement. Because the contractual acceleration clause applied, the whole debt was enforceable in legal opening.