Facts
The opposing party [Y.] initiated debt collection proceedings against [X.] with a payment order dated 15 April 2010 for a claim of CHF 155,000.-- plus interest. As the basis for the claim, he cited a loan agreement dated 1 February 2001 and an assignment. [X.] (the appellant) filed an objection.
[Y.] applied to the President of the District Court of Baden for provisional debt enforcement for the amount. The President of the District Court dismissed the request, as the disbursement of the loan was not proven by documentary evidence. [Y.] appealed to the High Court of the Canton of Aargau, which upheld the appeal and granted provisional debt enforcement.
[X.] then filed a civil law appeal with the FSCA against the decision of the High Court.
Considerations
The FSCA held that the creditor must provide proof of the disbursement of the loan if this is disputed. However, the lower court had concluded, based on a declaration signed by the appellant dated 27 February 2004, that the loan had indeed been disbursed. The…