281.1
SCHKGLPLEF
CH
CH
Art. 166 Legge federale dell'11 aprile 1889 sulla esecuzione e sul fallimento (LEF)
LEF; Titolo quinto: Della procedura di fallimento; I. Della procedura ordinaria di fallimento; C. Domanda di fallimento; 1. Termine
Art. 166 LEF
Decorso il termine di venti giorni dalla notificazione della comminatoria, il creditore, producendo tale documento ed il precetto, può chiedere al giudice del fallimento che questo venga dichiarato.
Tale diritto si estingue quindici mesi dopo la notificazione del precetto esecutivo. Se è stata fatta opposizione, questo termine rimane sospeso a partire dal giorno in cui l’azione fu promossa sino a quello della sua definizione giudiziale.
Decisioni giudiziarie che applicano questa disposizione (146)
C/6781/2025 · ge (Art. 166 al. 2 LP)
Creditor's Bankruptcy Request Time-Barred Due to Expired Limitation Period Following Enforcement Proceedings
The appeal was rejected because the right to request bankruptcy had expired according to this provision.
C/26670/2024 · ge (art. 166 al. 2 LP)
Creditor's Timely Bankruptcy Request Based on Unpaid Debt Notice
The court used this article as the main ground to find the previous judgment erroneous and uphold the appeal, confirming the bankruptcy request was timely filed.
ZSU.2025.1 · ag (Art. 166 SchKG)
Debtor's Actions Cured Defect in Payment Order, Allowing Bankruptcy to Proceed
Cited in the appellant's request as a potential basis for opening bankruptcy proceedings.
PS240183 · zh (Art. 166 Abs. 1 SchKG)
Improper Bankruptcy Initiation Over Foreclosure Leads to Annulment and Cost Reassignment
The appeal was granted and the bankruptcy order was overturned because a valid notice of bankruptcy according to this article was missing.
PS240033 · zh (Art. 166 Abs. 2 SchKG)
Debtor's Temporary Financial Distress Does Not Warrant Bankruptcy Order
Referenced in the context of determining if the deadline for filing a bankruptcy request has expired, which is relevant to the assessment of open debts.
PS240009 · zh (Art. 166 Abs. 1 SchKG)
Appeal Against Bankruptcy Order Based on Void Notice of Impending Bankruptcy
The underlying reasoning for the annulment relies on the lack of a valid official notification required as a prerequisite for the opening of bankruptcy proceedings under this article.
102 2023 244 · fr (Art. 166 al. 1 LP)
Creditor Bankruptcy Filing Dismissed for Missing Payment Order
The appeal was rejected because the appellant failed to attach the payment order to the bankruptcy request, as required by this article.
ZSU.2023.181 · ag (Art. 166 Abs. 2 SchKG)
Bankruptcy Petition Filing Deadline Extended by Lawsuit and Enforcement Proceedings
Cited to determine that the statute of limitations for filing the bankruptcy petition was suspended during the legal proceedings.
PS230193 · zh (Art. 166 Abs. 2 SchKG)
Debtor's Interpretation of Settlement Agreement Moratorium Rejected
Mentioned in the reasoning to explain the time limit for continuation of enforcement proceedings and the significance of the deferment period.
C/12545/2022 · ge (art. 166 al. 1 LP)
Annulment of Bankruptcy Upon Proof of Solvency and Debt Deposit
Cited in the reasoning concerning the general requirement for bankruptcy requests.
PS220216 · zh (Art. 166 Abs. 1 SchKG)
Debtor's Improper Notification Voids Bankruptcy Proceedings
This provision is cited in the reasoning to explain where a bankruptcy petition must be filed, but it is not explicitly cited in the dispositive orders.
PS220197 · zh (Art. 166 Abs. 1 SchKG)
Bankruptcy Order Annulled Due to Defective Notice After Debtor Relocation
The court found that the lack of a valid official notice of bankruptcy (Konkursandrohung) due to the issuing office's lack of jurisdiction meant the prerequisite for opening bankruptcy proceedings was missing.
PS220139 · zh (Art. 166 SchKG)
Debtor's Appeal Against Bankruptcy Ruling Dismissed
Cited to state the conditions under which a creditor can file a request for bankruptcy (Part of the legal framework analyzed in N. 3.3).
ZKBES.2022.36 · so (Art. 166 Abs. 1 SchKG)
Appeal Dismissed in Bankruptcy Cost Dispute
Cited to explain why the immediate filing of the bankruptcy request after the notification of intent to declare bankruptcy is legally provided for.
17----------- · vd (Art. 166 al. 1 LP)
Appeal Admitted: Bankruptcy Annulled Due to Timely Payment and Solvency Proof
Cited in the reasoning to confirm that the initial request for bankruptcy respected the required time limits.