281.1
SCHKGLPLEF
CH
CH
Art. 64 Legge federale dell'11 aprile 1889 sulla esecuzione e sul fallimento (LEF)
LEF; Titolo secondo: Della esecuzione; IV. Della notificazione degli atti esecutivi; A. Alle persone fisiche
Art. 64 LEF
Gli atti esecutivi si notificano al debitore nella sua abitazione o nel luogo in cui suole esercitare la sua professione. Quando non vi si trovi, la notificazione può essere fatta a persona adulta della sua famiglia o ad uno de’ suoi impiegati.
Ove non si trovi alcuna delle nominate persone, l’atto esecutivo viene consegnato ad un funzionario comunale o di polizia, perché lo rimetta al debitore.
Decisioni giudiziarie che applicano questa disposizione (347)
93/2007/7 · sh (Art. 64 Abs. 1 SchKG)
Service on Cohabitant Invalidates Enforcement Action
The court used this article to determine that the service of the payment order to a cohabitant in a typical shared flat (Wohngemeinschaft) was flawed because it did not constitute service to a person belonging to the debtor's household.
AbR.1994.95.Nr.17 · ow (Art. 64 Abs. 2 SchKG)
Police Involvement in Debt Enforcement and Bankruptcy Proceedings
Cited as the legal basis for handing over debt enforcement documents to a municipal or police officer for delivery.
ABS 2008 293 · be (Art. 64 Abs. 1 SchKG)
Service Validity on Minor Sibling in Debtor's Household
This provision regulated the validity of the substitute service to the debtor's 16-year-old sister, which the court found to be lawful.
105 2025 95 · fr (art. 64 LP)
Company Challenge to Service of Payment Orders at Administrator's Home
Cited in the context of allowing notification to a person present at the representative's home when the representative is absent.
BA 2025 50 · zg (Art. 64 SchKG)
Appeal Against Validity of Objection to Enforcement Order Based on Lack of Representative Authority
Mentioned in the reasoning regarding who is authorized to file an objection (opposition).
A/1236/2025 · ge (art. 64 al. 2 LP)
Debt Enforcement Serviceability Dispute
Cited as the procedural step the Office must follow before resorting to final notification by publication.
A/274/2025 · ge (art. 64 LP)
Debtor's Inadmissible Request for Restoration of Deadline to Oppose Payment Order
Cited in the reasoning to justify the validity of the notification to the spouse residing in the same household, which served as the basis for the expiration of the initial opposition deadline.
SBK 2025 14 · gr (Art. 64 Abs. 1 SchKG)
Enforcement Appeal Dismissed Due to Inadmissible Grounds and Valid Service by Public Notice
Cited in the reasoning (E. 3.1) regarding delivery procedures, but not explicitly cited in the dispositive orders, thus excluded.
SBK 2025 14 · gr (Art. 64 Abs. 2 SchKG)
Enforcement Appeal Dismissed Due to Inadmissible Grounds and Valid Service by Public Notice
Cited in the reasoning (E. 3.1) regarding delivery procedures, but not explicitly cited in the dispositive orders, thus excluded.
2025.OG.SK.24.8 · ur (Art. 64 Abs. 1 SchKG)
Spouse's Withholding of Service as Excusable Impediment for Debt Objection Deadline
Cited in the reasoning to explain the validity of substitute service to a cohabitant.
15.2024.128 · ti (art. 64 cpv. 1 LEF)
Enforcement Order Service Validity Upheld Despite Ex-Partner Concealment Claim
The procedural rule concerning service of enforcement deeds which justifies the rejection of the appeal in order 1.
15.2024.128 · ti (art. 64 cpv. 1 LEF)
Enforcement Order Service Validity Upheld Despite Ex-Partner Concealment Claim
The substantive rule concerning the validity of service to a member of the household, which is the core issue leading to the dismissal of the appeal in order 1.
A/539/2024 · ge (art. 64 LP)
Irregular Notification of Payment Orders and Seizure of Vital Minimum
The court used this article to assess whether the prerequisites for notification by publication (art. 66 al. 4 LP) were met, by verifying that attempts under art. 64 al. 1 and 2 LP had been exhausted.
ABS 2023 454 · be (Art. 64 Abs. 1 SchKG)
Creditor Appeal Regarding Voided Payment Order Due to Faulty Service Certificate
The successful appeal is based on the finding that service to the wife constituted lawful substitute service.
93/2024/6 · sh (Art. 64 ff. SchKG)
Creditor's Selective Service on Undivided Estate Heir Constitutes Abuse of Rights
Cited in the context of considering the effect of flawed service under general provisions.