Questão jurídica principal
Whether the cantonal court acted arbitrarily by treating the debt acknowledgment as invalid because the signatures on the acknowledgment and the payment order differed.
Decisão extraída
Yes. The court confused the debtor's signature with the enforcement officer's signature, which necessarily differed; reliance on that comparison alone was manifestly unsustainable.
Fundamentação extraída
Under Art. 74 LP, an opposition declared at service is recorded by the enforcing officer and need not be signed by the debtor. The cantonal court based its refusal solely on a legally irrelevant signature comparison.