Key legal question
Whether definitive debt enforcement could be granted against the complainant although the enforcement title named her son as debtor.
Extracted holding
No. In the enforcement proceedings, only the identity between the debtor under enforcement and the person bound by the title had to be examined; that identity was missing.
Extracted reasoning
The cantonal court addressed a substantive claim against the mother under parental law instead of the required question under Art. 81(1) SchKG whether the enforcement debtor matched the title debtor. Because the title obligated only the son, enforcement against the mother was arbitrary.