Jugement Kantonsgericht (VD - HC/2020/391)

Canton:	VD
Case number:	HC/2020/391

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2020/391 vom 05.06.2020 (VD)

Date:	05.06.2020
Force of law:	-

Summary:	D.H. filed an appeal against an injunction that B.H. had obtained against him. The Cantonal Court dismissed the appeal as it considered the injunction to be justified. The court found that B.H. had a legitimate interest in the injunction as it averts the risk of loss of assets. The court also pointed out that D.H. was able to bear the costs of the injunction. The complaint was thus dismissed. Explaination: The term preliminary injunction refers to a measure that a court issues before an ordinary proceeding in order to avert an impending damage. The legitimate interest in an injunction is a basic prerequisite for its issuance. The loss of assets is a typical reason for a legitimate interest in an injunction. The ability to bear costs is another factor that the court takes into account when deciding on an injunction. Further information: The judgment of the Cantonal Court is published in French. This summary has been prepared by me.
Rule of Law:	Art. 100 LTF;Art. 105 CPC;Art. 109 CPC;Art. 123 CPC;Art. 241 CPC;Art. 74 LTF;Art. 95 CPC;Art. 96 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.