Jugement Kantonsgericht (VD - HC/2014/458)

Canton:	VD
Case number:	HC/2014/458

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2014/458 vom 24.11.2014 (VD)

Date:	24.11.2014
Force of law:	-

Summary:	W. sued S. for payment of 10000 francs for the repayment of a loan. S. denied the claim, claiming that the loan was a gift. The Civil Court of the district of Broye and Nord vaudois dismissed the claim. W. appealed. The Cantonal Court proved W. right and ordered S. to pay 10,000 francs. More detailed summary: W. sued S. for payment of 10,000 francs for the repayment of a loan he had granted S. in 2011. S. denied the claim, claiming that the loan was a gift. The Civil Court of the district of Broye and Nord vaudois dismissed the claim. W. appealed. The Cantonal Court proved W. right and ordered S. to pay 10,000 francs. The court concluded that the loan agreement between the parties was unambiguous and that S. must actually repay the loan. Explaination: Art. 604 CC:The loan is a contract by which one party undertakes to give the other a certain amount of money, and the other undertakes to repay the same amount. Art. 614 CC:The loan agreement is informal. Art. 617 CC:The lender is entitled to repayment of the loan capital and interest. Art. 618 CC:The borrower is entitled to repayment of the loan capital only after the expiry of the agreed period or after the maturity of the loan. Art. 626 CC:The loan agreement can be terminated for good cause. Art. 570 CPC-VD: The civil court is responsible for disputes arising from loan agreements. Art. 577 CPC-VD:The civil court may, upon application, order a compulsory execution if the debtor does not fulfill his obligation.
Rule of Law:	Art. 100 LTF;Art. 106 CPC;Art. 308 CPC;Art. 310 CPC;Art. 311 CPC;Art. 312 CPC;Art. 404 CPC;Art. 57 CPC;Art. 570 CPC;Art. 572 CPC;Art. 577 CPC;Art. 602 CC;Art. 604 CC;Art. 612 CC;Art. 617 CC;Art. 618 CC;Art. 626 CC;Art. 74 LTF;Art. 8 CC;
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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