The mutatis mutandis application of the Civil Procedure Act (»ZPP«) in enforcement and security proceedings is based on Article 15 of the Enforcement and Security Act (»ZIZ«), which permits the enforcement regime to be supplemented by the general rules of civil procedure. Although concise, this statutory reference raises questions concerning the boundary between the permissible application of the ZPP and its impermissible transposition into a distinct procedural framework. This Master’s thesis seeks to determine when the ZPP appropriately supplements the special regime under the ZIZ and which criteria justify such application. Through an analysis of case law, it examines the procedural situations in which courts most frequently resort to the ZPP. Mutatis mutandis application entails neither automatic subsidiarity nor direct application of the ZPP. Its scope must instead be assessed in relation to the specific procedural issue. The court must establish a legal gap, compatibility with the purpose of enforcement, the absence of a special statutory regime, and the constitutional proportionality of interference with procedural positions. The relevant ZPP provision is then applied in an appropriately adapted form. Its application is precluded where the ZIZ or another special regulation governs the issue. In security proceedings, special security provisions apply first, followed by mutatis mutandis by enforcement provisions and only thereafter by the ZPP. The ZPP thus performs a supplementary, rather than a corrective, function in this framework.
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