Facts
On 6 September 1994, the president of the district court of Bremgarten dismissed a complaint from [R. AG], considering that the time limit to contest a right entered in the register of charges had been exceeded. The debt collection and bankruptcy commission of the cantonal court of Aargau also dismissed the complaint filed by [R. AG] on 16 November 1994.
[R. AG] then contested the validity of the notification of the decision setting the time limit to contest the right entered in the register of charges. The appeal was dismissed, insofar as it was admissible.
Considerations
The contested decision can be approved in that the setting of the time limit to contest the right entered in the register of charges was done in a valid manner and that, in the absence of a challenge, the third party's claim entered in the register of charges must be considered as recognized.
However, the reasoning of the contested decision is based in error on article 65 of the DEBA. The appellant, as a creditor, is not subject to this provision, which concerns the notification of debt collection acts to a legal entity in the context of a debt collection proceeding against it.
The law does not provide specific rules for the notification of the setting of the time limit to contest the right entered in the register of charges to the appellant. Consequently, this notification had to be made in accordance with article 34 DEBA, either by registered letter or by direct delivery…