Jugement Kantonsgericht (VD - HC/2020/280)

Canton:	VD
Case number:	HC/2020/280

Instance:	Kantonsgericht
Department:	Chambre des recours civile

Kantonsgericht Entscheid HC/2020/280 vom 27.03.2020 (VD)

Date:	27.03.2020
Force of law:	-

Summary:	The Federal Supreme Court has annulled the decision of the cantonal court that the division of a land plot between Q.________ and the community of heirs of [...] and twelve other people had ordered. Q.________ and W.________, who had also claimed the land, had appealed against the decision of the cantonal court. The Federal Court has ruled that the division of the land is not possible, since the community of heirs of [...] and twelve other persons cannot be clearly determined. The Federal Supreme Court has referred the case back to the cantonal court for a new decision. The federal court divided the trial costs. More detailed summary: The Federal Supreme Court overturned the ruling of the cantonal court because the community of heirs of [...] and twelve other persons cannot be clearly determined. The cantonal court had decided that the property should be divided among the heirs in proportion to their inheritance quotas. Q.________ and W.________, who had also claimed the land, had appealed against the decision of the cantonal court. The Federal Supreme Court has ruled that the cantonal court must recognize the community of heirs of [...] and twelve other persons have not been clearly identified. The court did not clarify who belongs to this community of heirs and what inheritance quotas the individual heirs have. Therefore, the Federal Court decided that the division of the land plot is not possible. The case has been referred back to the cantonal court for a new decision. The cantonal court must now recognize the community of heirs of [...] and twelve other persons and make the division of the property among the heirs in proportion to their inheritance quotas. The federal court divided the trial costs.
Rule of Law:	Art. 100 LTF;Art. 103 CPC;Art. 107 CPC;Art. 321 CPC;Art. 74 LTF;Art. 98 CPC;
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.

Click here to return to the page search engine.