281.1
SCHKGLPLEF
CH
CH
Art. 68 Legge federale dell'11 aprile 1889 sulla esecuzione e sul fallimento (LEF)
LEF; Titolo secondo: Della esecuzione; V. Della domanda d’esecuzione; B. Spese d’esecuzione
Art. 68 LEF
Le spese d’esecuzione sono a carico del debitore, ma il creditore è tenuto ad anticiparle. In mancanza di tale anticipazione, l’ufficio può intanto sospendere l’atto esecutivo, dandone avviso al creditore.
Il creditore ha diritto di prelevare sui pagamenti del debitore le spese d’esecuzione.
Decisioni giudiziarie che applicano questa disposizione (1,427)
VPB 150000143 (Art. 68 SchKG)
Federal Office of Justice Rules on Radio and Television Fee Collection Costs
This provision was considered to determine whether Billag AG could be considered a creditor for the purpose of deducting collection costs from payments.
NR040035 · zh (Art. 68 Abs. 1 SchKG)
Creditor Liability for Enforcement Costs and Apportionment of Seizure Expenses
Cited to state the fundamental rule that the debtor must reimburse the creditor for costs, and the rule allowing the enforcement office to suspend action if a cost deposit is not made.
ZZ.1998.16 · so (Art. 68 Abs. 1 SchKG)
Debtor Must Pay All Costs for Lifting Bankruptcy Order
Mentioned in the reasoning regarding the debtor bearing the costs, although the main ground for the decision is Art. 174 SchKG.
ASLP.1994.48 · ne (Art. 68 LP)
Creditor Challenge to Advance Realization Costs in Seized Property Sale
Cited in the dispositive to establish that the amount of the cost advance concerns the effective costs of the operations incumbent on the office or the presumed costs.
ZZ.1990.33 · so (Art. 68 Abs. 1 GebT SchKG)
Compensation in Execution Proceedings Based on Effort, Not Claim Value
This article is cited in the introductory text as the basis for determining the amount of party compensation in summary proceedings.
ZZ.1989.13 · so (Art. 68 Gebührentarif zum SchKG)
Creditor v. Debtor: Costly Dismissal Interpretation and Party Costs
Cited as the legal basis governing the granting of party compensation to the successful party.
BGE 114 III 67 (Art. 68 LP)
Debt collection mainlevée: denial of free legal aid for court fee advance upheld where creditor's income covers basic subsistence and modest fee is payable from non-recurring budget items.
The court held that the debtor was able to advance the modest fees, so the refusal of free legal aid was not arbitrary.
NR040035 · zh (Art. 68 Abs. 1 SchKG)
Creditor Liability for Debt Enforcement Costs in Bankruptcy Proceedings
The reasoning discusses the liability of the creditor (Gläubiger) for costs when no advance payment has been requested, referencing this article.
A/1675/2025 · ge (art. 68 al. 1 LP)
Health Insurer Premium Collection vs. Supplementary Insurance Offset
Cited in the reasoning as the basis for holding the debtor liable for collection costs, which confirms the amount ordered in the dispositive.
A/1691/2025 · ge (art. 68, 97, 112 et 128 LP)
Creditors' Challenge to Enforcement Expense Invoices Mooted by Remedial Disclosure
Cited to justify the recourse to an expertise and the provisional charging of expert fees to the creditors as being lawful.
ZSU.2025.202 · ag (Art. 68 SchKG)
Debtor Proves Payment, Reversing Bankruptcy Order
Used to allocate costs to the defendant for causing the initial proceedings.
ZSU.2025.234 · ag (Art. 68 SchKG i.V.m. Art. 52 und Art. 61 Abs. 1 GebV SchKG)
*In re ABC Company: Debt Payment Precedes Bankruptcy Order*
Cited for imposing costs on the defendant due to their conduct causing the proceedings.
A/1899/2025 · ge (Art. 68 LP)
Pension Fund Contribution Dispute and Debt Enforcement
Cited in order 4 as the legal basis for costs associated with the collection procedure (frais de poursuite) being borne by the debtor.
A/3985/2024 · ge (Art. 68 LP)
Pension Institution v. Company: Lifting of Opposition to Payment Order for Unpaid Contributions
Cited in the reasoning section concerning costs following the main debt.
ZKBES.2025.69 · so (Art. 68 SchKG)
Provisional Legal Authorization Granted Despite Late and Unsubstantiated Opposition to Purchase Agreement
Cited as the basis for ordering the respondent to compensate the appellant for the costs advanced.