With Order of March 18, 2020 declared the Federal Council first time the standstill according to Art. 62 DEBA, starting on March 19, 2020, 07:00 a.m up to am 4. April 2020. Nachdem from April 5 to am 19 April 2020 anyway are debt enforcement holidays, the legal standstill lasts thereby up to am 19 April 2020 (cf. Art. 56 No. 2 pCHKG).
Debt enforcement holidays and legal standstill cannot prevent the standstill of the deadline. However, if the end of a period coincides with the legal standstill, the period will be extended until the third day after the end of the legal standstill or the bankruptcy holidays case as ao up to am 22 April 2020 (cf. Art. 63 DEBA).
The regulations and closed times Operational holidays and legal standstill according to Art. 56 et seq. SchKG are aimed at Debt enforcement officials and all other authorities who have a decisive influence on the course of the debt enforcement. The enforcement authorities therefore also include Bankruptcy officials, bankruptcy and bankruptcy judges, and their regulators.
It is essential that debt enforcement actions during this time are prohibited. In BGE 115 III 6 E.5 effect the federal court as debt enforcement actions "all actions of the enforcement authorities - prosecution and bankruptcy officials, supervisory authorities, court opening and bankruptcy judges - aimed at the initiation or continuation of proceedings aimed at satisfying the creditor by way of execution from the debtor's assets, and which interfere with the legal position of the debtor (...).»
To check whether a specific arrangement constitutes a debt collection act to ask for it, the debt enforcement in ein advanceds Stadium brought shall. The central Question reads somites, whether an action den creditor/operators closer to his Zgood (cf. BGE 115 III 6 E.5 and BGE 121 III 284 E. 2a).
If a debt enforcement act is carried out during the debt enforcement holidays or during the legal standstill, then - apart from cases of nullity and contestability - the Effectiveness of the untimely debt enforcement action postponed. According to this, the debt enforcement action is deemed to have taken place on the first day after the expiration of des legal stay performed. Because of this time component the plot however Weder void nor contestable.
Nicht as a enforcement actions are to be counted the request of the creditoras as the debt enforcement- or requests for disclosure of rights. While the Execution of the payment order by the debt enforcement office does not constitute a debt enforcement act, the order for payment may not be served on the debtor during a legal standstill or debt enforcement holidays (cf. Art. 69 para. 1 SchKG as well as Art. 71 para. 1 DEBA). In this way also becomes one sudden Overload of the debt collection offices after Abcourse of the legal standstill prevents because youe due to the incomingn Collection request the payment orders so far can edit so that they only have to be delivered. The issuance of the certificate of loss and the arrest verdict also do not constitute debt enforcement actionsdrive
Ultimately, the decreed law changestillstand nothing on the stock of debt claims. In particular, will from durch legal standstill also the interest rate is not inhibited.
Experts
