Action for Denial of Assignment of Claim

Facts

On September 9, 1986, the bankruptcy of the sole proprietorship of B. was opened. In the bankruptcy, two certificates of loss were issued for claims of C. AG against B. On the back of the certificates of loss were declarations of assignment, according to which the claims were assigned to A. In 2010, A. initiated debt collection proceedings against B. for the claims. B. then filed an action for denial of the claims.

Considerations

The Federal Supreme Court decided that Art. 178 CPC only covers authenticity in the narrower sense, i.e., the question of whether the document actually originates from the recognizable issuer. The substantive correctness of the document, such as the date of the assignment declarations, is not covered by this.

The High Court therefore rightly did not assess the question of whether the date of the assignment…