Jugement Kantonsgericht (VD - ML/2020/33)

Canton:	VD
Case number:	ML/2020/33

Instance:	Kantonsgericht
Department:	Kammer für Strafverfolgung und Konkurs

Kantonsgericht Entscheid ML/2020/33 vom 12.03.2020 (VD)

Date:	12.03.2020
Force of law:	-

Summary:	The Cantonal Court of the Canton of Vaud has the decision of the District Court of Nyon, according to which the debtor B.________ for payment of CHF 1000.- to the creditor C.________ was convicted, confirmed. B._______ had appealed against the decision of the district court, because he considered that the creditor's claim was not substantiated. The Cantonal Court rejected the debtor's appeal, as it considered the creditor's claim to be well-founded. B.________ must therefore pay the creditor's claim in full. The decision of the Cantonal Court is final. In detailed form: On March 12, 2020, the Cantonal Court of the Canton of Vaud adopted the decision of the District Court of Nyon, according to which the debtor B.________ for payment of CHF 1000.- to the creditor C.________ was convicted, confirmed. B._______ had appealed against the decision of the district court, because he considered that the creditor's claim was not substantiated. He argued that the claim was time-barred and that the creditor had not provided any consideration to him. The Cantonal Court rejected the debtor's appeal, as it considered the creditor's claim to be well-founded. The court found that the claim was not time-barred and that the creditor had paid the debtor in return. B.________ must therefore pay the creditor's claim in full. The decision of the Cantonal Court is final. Explaination: Art. 82 al. 1 and 2, 149 al. 2 CP: These articles of the Swiss Code of Civil Procedure (ZPO) regulate the possibility of appeal against decisions in summary proceedings. House ban: The hearing before the Cantonal Court took place in private, as it was a summary procedure. Judgment of the District Court Nyon:The District Court Nyon had the debtor B.________ for payment of CHF 1000.- sentenced to the creditor C.________. The debtor considered that the creditor's claim was not substantiated, and therefore filed an appeal. Rejection of the appeal:The Cantonal Court rejected the debtor's appeal because it considered the creditor's claim to be well-founded. Payment of the claim:The debtor B.________ must therefore pay the creditor's claim in full. The decision of the Cantonal Court is final and therefore can no longer be appealed.
Rule of Law:	Art. 100 LTF;Art. 106 CPC;Art. 115 LP;Art. 149 LP;Art. 254 CPC;Art. 321 CPC;Art. 74 LTF;Art. 82 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.

Click here to return to the page search engine.