| Canton: | VD |
| Case number: | Entscheid/2020/119 |
| Instance: | Kantonsgericht |
| Department: | Chambre des recours pénale |
| Date: | 28.02.2020 |
| Force of law: | - |
| Summary: | The owners of a building (a.b._______, b.B._______ and c.B._______) appealed against a decision of the Court of First Instance, which allowed the registration of a legal craftsman mortgage in favor of a company (e.________ Sàrl) on their property. The owners argued that the company did not prove that it actually carried out work and that the subcontractor paid the bill. However, the Court of Appeal ruled in favor of the company and upheld the original decision. The court found that the company had provided sufficient evidence of the work done. The documents that were supposed to prove the payment by the subcontractor were considered by the court as not credible. The appeal of the owners was rejected, and they had to bear the court costs of the appeal proceedings. |
| Rule of Law: | Art. 319 StPo;Art. 385 StPo;Art. 396 StPo;Art. 428 StPo;Art. 429 StPo; |
| BGE reference:: | - |
| Comment: | - |
Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.
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