Kernrechtsfrage
Whether the debt collection judge may examine the lapse of spouses' joint tax liability due to one spouse's insolvency.
Extrahierter Entscheid
No. The debt collection judge is limited to the existence of an enforceable title and cannot decide whether joint tax liability has lapsed; that must be determined by the tax authority.
Extrahierte Begründung
Under Art. 80 LEF the judge of definitive opposition may not conduct substantive review of the tax assessment or resolve material tax-law questions. Until the tax authority issues a specific, appealable decision finding the lapse of solidarity and fixing each spouse's share, both spouses remain jointly liable.