Withdrawal of Claim in Debt Collection Action and Res Judicata Effect

A litigant withdrew a debt collection action after initiating enforcement proceedings and obtaining provisional legal opening for part of the claim; the opposing party argued this withdrawal decision carried the force of substantive res judicata. The court reasoned that, according to Federal Supreme Court precedent which governs substantive res judicata, a decision dismissing a case due to the withdrawal of the claim generally results in substantive res judicata under federal law, overriding the literal text of the relevant cantonal procedural provision, unless an exception applies, such as a withdrawal subject to refiling an improved claim, and since no exception was established here, the withdrawal definitively waived the claim, thus nullifying the basis for the enforcement and requiring the denial of the legal opening.