Jugement Kantonsgericht (VD - ML/2020/28)

Canton:	VD
Case number:	ML/2020/28

Instance:	Kantonsgericht
Department:	Kammer für Strafverfolgung und Konkurs

Kantonsgericht Entscheid ML/2020/28 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, after which the defendants appealed. The Court of Appeal confirmed the decision of the Court of First instance and ruled that E.________ Sàrl had proved that it had fulfilled its contractual obligations to the subcontractor T.________. The appeal argued 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 found 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. 185 LIFD;Art. 320 CPC;Art. 321 CPC;Art. 46 LP;Art. 74 LTF;Art. 80 LP;
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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