Jugement Kantonsgericht (VD - ML/2020/23)

Canton:	VD
Case number:	ML/2020/23

Instance:	Kantonsgericht
Department:	Kammer für Strafverfolgung und Konkurs

Kantonsgericht Entscheid ML/2020/23 vom 26.02.2020 (VD)

Date:	26.02.2020
Force of law:	-

Summary:	E.________ Sàrl sued A.B._______, B.B.________ and C.B.________ for registration of a legal craftsman and entrepreneur mortgage on their property. The court of first instance ruled in favor of E.________ Sàrl, but the defendants appealed. The Court of Appeal confirmed the judgment of the first instance and found that E.________ Sàrl had demonstrated that it had fulfilled its contractual obligations to the subcontractor T.________. The appeal argued that E.________ Sàrl had not carried out the work and that the documents underlying the payment of T.________ to E.________ Sàrl were not credible, but the Court of Appeal found these arguments unconvincing. Finally, the Court of Appeal concluded that E.________ Sàrl was entitled to the registration of the statutory craftsman and entrepreneur mortgage, as it had fulfilled its contractual obligations and the amount of the claim was clear. The appeal was dismissed, and the defendants must pay the court costs.
Rule of Law:	Art. 100 LTF;Art. 105 CPC;Art. 106 CPC;Art. 111 CPC;Art. 320 CPC;Art. 321 CPC;Art. 46 LP;Art. 74 LTF;Art. 80 LP;
BGE reference::	-
Comment:	Staehelin, Basler Kommentar SchKG I, Art. 80; Art. 229, 2002 Spühler, Basler Kommentar zur ZPO, Art. 321 ZPO ; Art. 311 ZPO, 2017

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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