Questione giuridica chiave
Whether the bank documents constituted a debt acknowledgment under Art. 82 SchKG allowing provisional debt release.
Decisione estratta
No. The unsigned account statement and the cover letter, read together, did not show an unconditional willingness by the bank to pay the stated balance.
Motivazione estratta
A debt acknowledgment must be signed and must contain an unconditional promise to pay a determinate sum. The letter only transmitted documents and referred to unrelated remarks about another person; it did not express a commitment to pay the account balance.