Jugement Kantonsgericht (VD - HC/2020/267)

Canton:	VD
Case number:	HC/2020/267

Instance:	Kantonsgericht
Department:	Chambre des recours civile

Kantonsgericht Entscheid HC/2020/267 vom 17.03.2020 (VD)

Date:	17.03.2020
Force of law:	-

Summary:	Five-sentence summary: On March 17, 2020, the Cantonal Court of Geneva issued a decision in which it annulled the order of provisional measures in a divorce case. The complainant, the wife, had requested that the spouses live separately and the husband must leave the apartment. The Cantonal Court ruled that the order of provisional measures was hasty, since the marriage had not yet been divorced. The cantonal court ordered the husband to keep the apartment until the decision on the application for divorce. The couple now have the opportunity to agree on a divorce date. More detailed summary: In the present case, the spouses had separated and the wife had requested that the husband must leave the apartment. The Cantonal Court rejected the wife's application and annulled the order of provisional measures. The Cantonal Court ruled that the order of provisional measures was hasty, since the marriage had not yet been divorced. The court also found that the complainant did not credibly demonstrate that she was endangered by the husband's stay in the apartment. The cantonal court ordered the husband to keep the apartment until the decision on the application for divorce. The couple now have the opportunity to agree on a divorce date. Explaination: Art. 106 al. 2 and 110 CPC:The mentioned articles of the Civil Procedure Code regulate the requirements for the order of preliminary measures. Statuant à huis clos:This means that the trial was not public. R.________, à Vufflens-le-Château, requérante:The Requérante is the applicant, that is, the wife. la recourante d’avec:This means that the appellant has appealed against the order of provisional measures. I hope this summary is helpful.
Rule of Law:	Art. 100 LTF;Art. 106 CPC;Art. 107 CPC;Art. 108 CPC;Art. 109 CPC;Art. 110 CPC;Art. 123 CPC;Art. 241 CPC;Art. 320 CPC;Art. 74 LTF;Art. 95 CPC;Art. 97 LTF;
BGE reference::	-
Comment:	Schweizer, Riklin, Basler Kommentar Schweizerische Strafprozessordnung, Art. 356 StPO, 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.

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