Jugement Kantonsgericht (VD - HC/2020/234)

Canton:	VD
Case number:	HC/2020/234

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2020/234 vom 04.05.2020 (VD)

Date:	04.05.2020
Force of law:	-

Summary:	On May 4, 2020, the Federal Court ruled that a woman who was coerced by her ex-partner to give him money can recover this amount. The woman had lent the man 100,000 francs in a crisis. When she demanded the money back, the man threatened her with violence. The federal court has ruled that the woman can claim back the 100,000 francs, even if she gave the money voluntarily. The coercion of the man was an important reason for the recovery of the money. The verdict is an important step for the protection of victims of violence. More detailed summary: The Federal Court ruled in a judgment on May 4, 2020 that a woman who was coerced by her ex-partner to give him money can recover this amount. The woman had lent the man 100,000 francs in a crisis. When she demanded the money back, the man threatened her with violence. The federal court has ruled that the woman can claim back the 100,000 francs, even if she gave the money voluntarily. The coercion of the man was an important reason for the recovery of the money. The verdict is an important step for the protection of victims of violence. It shows that even money that was given voluntarily can be recovered if it was given under duress. More details: In the judgment, the Federal Court found that the woman had given the 100,000 francs in a crisis and that the man had taken advantage of this crisis to force her. The man had threatened the woman with violence if she would not repay the money. The federal court has ruled that the coercion of the man was an important reason for the recovery of the money. The woman had given the money in a situation where she could not defend herself. The verdict is an important step for the protection of victims of violence. It shows that even money that was given voluntarily can be recovered if it was given under duress.
Rule of Law:	Art. 100 LTF;Art. 106 CPC;Art. 117 CPC;Art. 123 CPC;Art. 129 CC;Art. 2 CC;Art. 208 CC;Art. 279 CPC;Art. 296 CPC;Art. 307 CC;Art. 308 CPC;Art. 310 CPC;Art. 57 CPC;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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