Facts
X. AG (hereinafter: the debtor) filed an opposition to debt collection proceedings initiated by Bank Y. (hereinafter: the bank) for an amount of CHF 2,400,000. The bank then requested the provisional revocation of this opposition, which was rejected by the court of first instance. The cantonal court subsequently granted the provisional revocation, but this decision was annulled by the Swiss Federal Supreme Court. The Swiss Federal Supreme Court considered that the framework credit agreement of 21 December 2005, although valid, could not alone serve as a title for revocation, as the bank had not provided proof of the actual granting of a credit of CHF 2,400,000 based on this framework agreement. The mere silence of the debtor in the face of the bank's letters cannot be considered as an acknowledgment of debt either. Consequently, the Swiss Federal Supreme Court ruled that the conditions for granting the provisional revocation were not met.Considerations
According to case law, an acknowledgment of debt within the meaning of Art. 82(1) DEBA must result unconditionally and without reservation from the document signed by the debtor, which must indicate a specific or easily determinable amount. A framework credit agreement does not meet this condition, as it does not provide for the granting of a fixed amount, but only a credit limit that the client can use as needed.
When a credit is granted directly…