Questione giuridica chiave
Whether the debt enforcement office's arrest notice to the debtor constitutes a valid default notice under Art. 102 OR for an arrested claim.
Decisione estratta
Yes. The arrest notice, which instructed the debtor to pay the due claim to the debt enforcement office immediately, amounted to a valid demand for performance and thus to a default notice.
Motivazione estratta
Under Arts. 99, 100, and 275 SchKG, the debt office is authorized to demand payment and to safeguard arrested claims. That authority includes the power to issue a default-triggering reminder. The office acts ex lege in place of the debtor for collection purposes, and prompt payment of a due monetary debt is within its mandate.