E-MailWeiterleiten
LinkedInLinkedIn

Jugement Kantonsgericht (VD - HC/2020/198)


Canton:VD
Case number:HC/2020/198
Instance:Kantonsgericht
Department:Chambre des recours civile
Kantonsgericht Entscheid HC/2020/198 vom 13.03.2020 (VD)
Date:13.03.2020
Force of law:-
Summary:The Cantonal Court of Vaud has annulled the order of the District Court of Lausanne of 26 February 2020 ordering the compulsory execution of a judgment against A.S. A.S. had appealed against the judgment because he considered that it was disproportionate. The Cantonal Court found that the district court had not taken into account all the circumstances of the case. In particular, the district court did not take into account that A.S. had already partially repaid the debt. The Cantonal Court has rejected the proceedings to the district court so that it re-examines the enforcement. More detailed summary: A.S. and C. had reached an agreement in which A.S. C. owed a certain sum of money. C. obtained a judgment by which A.S. was obliged to pay the debt. A.S. subsequently repaid part of the debt. C. then applied for the foreclosure of the remaining amount. The Lausanne District Court granted the application and ordered the foreclosure. A.S. appealed against the decision. He considered that the foreclosure was disproportionate, since he had already repaid part of the debt. The Cantonal Court of Vaud approved the appeal and annulled the decision of the district Court. The Cantonal Court found that the district court had not taken into account all the circumstances of the case. In particular, the district court did not take into account that A.S. had already partially repaid the debt. The Cantonal Court has rejected the proceedings to the district court so that it re-examines the foreclosure.
Rule of Law:Art. 100 LTF;Art. 106 CPC;Art. 21 LP;Art. 309 CPC;Art. 319 CPC;Art. 321 CPC;Art. 322 CPC;Art. 341 CPC;Art. 74 LTF;Art. 97 LTF;
BGE reference::-
Comment:
Schweizer, Riklin, Basler Kommentar Schweizerische Strafprozess-ordnung, Art. 356, 2014

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.

Click here to return to the page search engine.