Questão jurídica principal
Whether the debtor had to be pursued in Madrid because of alleged foreign domicile
Decisão extraída
The debtor failed to prove a Madrid domicile; the authorities' finding that no fixed domicile was established was not arbitrary.
Fundamentação extraída
Under Art. 46 SchKG a debtor is pursued at domicile; if no fixed domicile exists, Art. 48 SchKG allows pursuit at the place of stay. The cantonal findings that the debtor repeatedly stayed in Y. and had accommodation there were binding and not shown to violate federal evidence rules.