| Canton: | VD |
| Case number: | HC/2020/192 |
| Instance: | Kantonsgericht |
| Department: | Chambre des recours civile |
| Date: | 02.03.2020 |
| Force of law: | - |
| Summary: | The owners of a building (A.B._______, B.B._______ and C.B._______) appealed against the decision of a court of first instance, which allowed the company E.________ Sàrl to register a legal craftsman mortgage 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. It found that the company had provided sufficient evidence of the work done and the documents that were supposed to prove the payment by the subcontractor were considered 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. 100 LTF;Art. 103 CPC;Art. 117 CPC;Art. 119 CPC;Art. 319 CPC;Art. 321 CPC;Art. 322 CPC;Art. 326 CPC;Art. 74 LTF;Art. 97 CPC;Art. 97 LTF; |
| BGE reference:: | - |
| Comment: | Spühler, Schweizer, Basler Kommentar Schweizerische Zivilprozessordnung, Art. 319 ZPO, 2017 Spühler, Basler Kommentar zur ZPO, Art. 321 ZPO ; Art. 311 ZPO, 2017 |
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