Facts
The case concerns a dispute between X. and Y. in the context of a debt collection procedure. X. was subject to a debt collection procedure for an amount of 48'860 CHF plus interest. He filed an appeal for revocation against the payment order, arguing that the debt had been paid. The president of the district court of See, Rapperswil SG, rejected the request for revocation on 5 November 1970. The decision was sent to the post office on 13 November 1970 at 12:00 and was deposited in X.'s postal box on Saturday, 14 November 1970 at 08:00, with a notice of withdrawal. X. did not retrieve the decision until 17 November 1970.
X. filed an appeal against the decision of 5 November 1970 with the judge of appeal of the cantonal court of St-Gall on 23 November 1970. The judge of appeal declared the appeal inadmissible on 17 December 1970, considering that the time limit for appeal had expired, the decision having been validly notified to X. on 14 November 1970.
Considerations
The decision of the cantonal court of St-Gall was based on Article 185 of the Federal Act on Debt Collection and Bankruptcy (DEBA), which provides for a time limit for appeal of five days from the notification of the decision. The issue in dispute is whether the notification of the decision by postal box on a Saturday constitutes a valid notification.
The Federal Court recalled its case law according to which a notification by postal box is considered valid on the day the notice of withdrawal is deposited in the box, provided that this is done during the ordinary opening hours of the post office and that the decision can be retrieved on the same day. The Federal Court considered that, in the present case, the notification of the…