| Canton: | VD |
| Case number: | ML/2020/26 |
| Instance: | Kantonsgericht |
| Department: | Kammer für Strafverfolgung und Konkurs |
| Date: | 02.03.2020 |
| Force of law: | - |
| Summary: | The owners of a building (a.b._______, b.B._______ and c.B._______) appealed against a decision of the Court of First Instance, which allowed the registration of a legal craftsman mortgage in favor of a company (e.________ Sàrl) on their property. The owners argued that the company did not prove that it actually carried out work and that the subcontractor paid the bill. However, the Court of Appeal ruled in favor of the company and upheld the original decision. It noted that the company had provided sufficient evidence of the work done. The documents that were supposed to prove the payment by the subcontractor were considered by the court as not credible. The appeal of the owners was rejected, and they had to bear the court costs of the appeal proceedings. |
| Rule of Law: | Art. 100 BGG;Art. 106 ZPO;Art. 129 ZPO;Art. 252 ZPO;Art. 254 ZPO;Art. 29 LDIP;Art. 321 ZPO;Art. 322 ZPO;Art. 326 ZPO;Art. 327 ZPO;Art. 335 ZPO;Art. 74 BGG;Art. 80 SchKG;Art. 81 SchKG; |
| 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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