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Jugement Kantonsgericht (VD - HC/2020/180)


Canton:VD
Case number:HC/2020/180
Instance:Kantonsgericht
Department:Chambre des recours civile
Kantonsgericht Entscheid HC/2020/180 vom 03.03.2020 (VD)
Date:03.03.2020
Force of law:-
Summary:The owners of a building (a.b._______, b.B._______ and c.B._______) challenged 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 performed. The documents that were supposed to prove the payment by the subcontractor were classified by the court as implausible. The appeal of the owners was rejected, and they had to pay the court costs.
Rule of Law:Art. 100 BGG;Art. 106 ZPO;Art. 322 ZPO;Art. 46 SchKG;Art. 51 SchKG;Art. 65 SchKG;Art. 74 BGG;Art. 75 VwVG;Art. 79 VwVG;Art. 90 VwVG;Art. 95 VwVG;Art. 98 VwVG;Art. 99 VwVG;
BGE reference::-
Comment:
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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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