Questão jurídica principal
Whether the provisional stay of enforcement under Art. 85a Abs. 2 SchKG should be granted pending the declaratory action.
Decisão extraída
No; the action did not appear very likely to succeed, so the enforcement was not provisionally stayed.
Fundamentação extraída
The debtor did not make the claim clearly more likely to succeed than the creditor’s position. The alleged forgery was not shown with sufficient convincing force, and the lower court’s assessment of the evidence was not arbitrary.