Question juridique clé
Whether compensation could defeat definitive debt enforcement on the basis of a title not presented before the first-instance judge
Solution extraite
No. In definitive removal proceedings, compensation is admissible only if the offsetting claim is supported by title that would itself justify definitive or at least provisional removal, and the title had to be in the first-instance file.
Motifs extraits
The Bern appellate judgment was not mentioned before the first judge and was therefore a new piece of evidence on appeal. The documents filed below did not make the claimed architect fees plausible by title.