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134.1 GOG CH-OW

Art. 76 Judicial Organisation Act (GOG) - High Court

Enforcement and Deprivation of Liberty - Execution according to Debt Enforcement and Bankruptcy Law
Open official source Full Act (96 Articles) Machine-readable Markdown (.md)

Art. 76 GOG · High Court

1. The High Court is the professional and disciplinary supervisory authority over the debt collection and bankruptcy system. It issues the necessary instructions, both generally and individually, for the proper execution of the Federal Act on Debt Collection and Bankruptcy.

2. The High Court decides on appeals against the Debt Collection and Bankruptcy Office. Appeals must be submitted in writing and must contain an application and a justification. The High Court obtains the position statement of the Office and investigates the facts if the appeal is not obviously unfounded. The provisions of the Code of Civil Procedure regarding summary proceedings apply mutatis mutandis. The procedural regulations of the Federal Act on Debt Collection and Bankruptcy remain reserved.

3. The High Court is the sole instance responsible for reviewing the final report and declaring the conclusion of the bankruptcy proceedings pursuant to Art. 268 of the Swiss Debt Collection and Bankruptcy Act (SchKG).

← Art. 75 GOG - Cantonal Court Presidency Judicial Organisation Act (GOG) Art. 76a GOG →

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Court Decisions Applying This Provision (5)

AbR.2008.09.Nr.4 · ow (Art. 76 Abs. 1 GOG)
Supervisory Board Authority Over Estate Administrator and Third-Party Information Disclosure
Cited as the basis for the Obergerichtskommission's authority to act as a supervisory authority over the bankruptcy office.
AbR.1998.99.Nr.35 · ow (Art. 76 Abs. 1 GOG)
Supervisory Authority's Power to Appoint Administrator via Circular Resolution in Bankruptcy Proceedings
Cited in conjunction with Art. 13 Abs. 1 SchKG to establish the Obergerichtskommission's supervisory role over the bankruptcy office.
AbR.1998.99.Nr.36 · ow (Art. 76 Abs. 3 GOG)
Property Transfer Tax Assessment Date Determines Pre-Bankruptcy Debt Status
Cited as being contrary to federal law because it granted an appeal against a decision that was not subject to appeal.
AbR.2002.03.Nr.17 · ow (Art. 76 Abs. 1 GOG)
Appellate Court Commission's Authority to Lift Bankruptcy Office Secrecy
Determines that the Obergerichtskommission exercises supervisory authority over the bankruptcy office.
AbR.2002.03.Nr.18 · ow (Art. 76 Abs. 1 GOG)
Jurisdiction over Extraordinary Bankruptcy Official Appointments
This provision establishes the Higher Court Commission as the sole cantonal supervisory authority for debt enforcement and bankruptcy matters and the authority to decide on appeals against bankruptcy offices.