Facts
The appellant, [X.] , and the respondent, [Y.] , are divorced spouses. The respondent requested with submission of 15 September 2006 in the enforcement proceedings no. xxxx of the enforcement office [B.] for definitive enforcement of maintenance contributions of CHF 29,250.-- plus 5% interest since 15 April 1998 and of CHF 72,600.-- plus 5% interest since 1 September 2006. The District Court of Uster granted definitive enforcement for the amount of CHF 63,800.-- plus 5% interest since 16 January 2004. The High Court of the Canton of Zurich dismissed the appeal against this decision.
The appellant filed an appeal on 26 March 2007 with the request to dismiss the enforcement application. The appeal was granted suspensive effect by presidential decree of 11 April 2007.
Considerations
The Federal Court considered the decision on the enforcement application as a final decision within the meaning of Art. 72 para. 1 FSCA, as it was made independently of a main proceeding and is procedurally final. The decision is cantonally final and the required threshold is reached.
The appellant argues that the marital protection decision is no longer a valid enforcement title because it has been derogated by other mutual agreements between the parties. However, the Federal Court has established that the debtor can challenge the enforcement title as such, but can also raise objections that arise directly from the enforcement title or are directed against the content of the title.
The appellant has challenged the content of the title and claims that the claim stated therein has ceased to exist under civil law due to…