Jugement Kantonsgericht (VD - ML/2020/38)

Canton:	VD
Case number:	ML/2020/38

Instance:	Kantonsgericht
Department:	Kammer für Strafverfolgung und Konkurs

Kantonsgericht Entscheid ML/2020/38 vom 08.04.2020 (VD)

Date:	08.04.2020
Force of law:	-

Summary:	On 8 April 2020, the Cour des poursuites et faillites (Cour dappel en matière de poursuites et faillites) confirmed the judgment of the Justice of the Peace of the Lavaux-Oron district of 8 November 2019. The judgment of the justice of the Peace had the final annulment of the objection of A.Z.________, [...], against the enforcement measure of the Enforcement Office Lavaux-Oron No. 9200918. A.Z._______ had objected to the foreclosure measure because she believed that the creditor's claim was not justified. The judgment of the justice of the peace and the judgment of the Cour dappel confirm the creditor's claim and allow him to continue the foreclosure. More detailed summary: A.Z._______ had objected to a foreclosure measure of the enforcement office Lavaux-Oron. She considered that the creditor's claim was not justified. The Justice of the Peace judgment of November 8, 2019 dismissed the objection of A.Z.________ and confirmed the foreclosure measure. A.Z._______ has appealed against the Justice of the Peace ruling. The Cour dappel confirmed the verdict of the Justice of the Peace on April 8, 2020. Thus, the enforcement action against A.Z.________ is legally binding. Explanations of individual passages of the judgment: Art. 144 al. 1, 321 al. 1 and 2 CPCdenotes the legal basis of the judgment. Art. 144 al. 1 CPC regulates the conditions for the cancellation of an objection, Art. 321 al. 1 CPC regulates the jurisdiction of the Cour dappel in cases of appeals against decisions of justices of the peace and Art. 321 al. 2 CPC regulates the deadline for filing appeals. à la suite de l’interpellation de la partie poursuivie et d’une audience tenue le 31 octobre 2019means that the justice of the Peace judgment was issued after hearing the party against whom the enforcement action is directed. prononçant la mainlevée définitive de l’oppositionmeans that the Justice of the Peace has finally dismissed the opposition of A.Z.________. I hope this summary is helpful.
Rule of Law:	Art. 100 BGG;Art. 144 ZPO;Art. 321 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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