Questão jurídica principal
Whether a creditor can be exempted from advancing debt-enforcement costs by legal aid under Art. 68 SchKG.
Decisão extraída
No. The creditor must advance the enforcement costs; legal aid does not dispense with that statutory advance for office-charged costs.
Fundamentação extraída
The Court relied on the preparatory works to the revised SchKG and the cited doctrine, which clearly distinguish office cost advances from court-ordered advances. The jurisprudential exception for advances ordered by a judge under Arts. 169, 191 and 230 SchKG does not extend to advances demanded by debt-enforcement and bankruptcy offices.